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Cass R. Sunstein

Senators Are Asking the Wrong Question on Kavanaugh

Their role is to decide whether nominees are fit for the job, not whether they are guilty.

The latest case, but not unprecedented.

The latest case, but not unprecedented.

Photographer: Drew Angerer/Getty Images

The scheduled testimony by Judge Brett Kavanaugh, responding to Christine Blasey Ford’s accusation of sexual assault in the early 1980s, raises a central question: With respect to that accusation, who has the burden of proof?

In the coming weeks, the answer to that question might turn out to be decisive to Kavanaugh’s prospects for confirmation.