Open Access. Powered by Scholars. Published by Universities.®
Burden of Persuasion;Burden of Production;Burden of Proof;Burden Shifting;Evidence;Judicial Nominee;Kavanaugh;Senate Confirmation
Articles 1 - 1 of 1
Full-Text Articles in Law
Lading And Weight: Suggested Evidentiary Burdens In Senate Judicial-Nominee Hearings Post-Kavanaugh, Brendan T. Beery
Lading And Weight: Suggested Evidentiary Burdens In Senate Judicial-Nominee Hearings Post-Kavanaugh, Brendan T. Beery
The University of New Hampshire Law Review
The Senate proceedings occasioned by Dr. Christine Blasey Ford’s allegation against Justice Brett Kavanaugh left the then-nominee calling them a “circus” and observers confused about who was supposed to prove what and by what standard. Since the Senate is ill-suited to sorting out cases and controversies (and since the Ford-Kavanaugh matter will surely not be the last of its kind), the Senate should adopt standards (burdens of proof) for future judicial-nominee proceedings that it borrows from a sister branch—the judiciary.
In any proceeding, the burden must be laded—it must be determined which party has the burden in the first place. …