Brett Kavanaugh And The Delusion Of Due Process

Due process is about the relationship between the state and a citizen in terms of the former’s authority and the latter’s rights. But the Kavanaugh confirmation hearing has nothing to do with a clear, definite understanding of due process. The confirmation process is a political, not a legal procedure, slapped together by Congressional staffers. The stakes may be high in this process, but there are no rules established by law to govern them. General notions of “fairness” may be more appropriate when discussing how Kavanaugh should be treated, but “due process” isn’t required to be one of them.