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Noah Feldman

There’s Nowhere for Justice Kavanaugh to Go But Right

Liberals won’t forget this ugly confirmation fight.

Marooned over there.

Marooned over there.

Photographer: Aaron P. Bernstein/Bloomberg

Now that it is certain that Judge Brett Kavanaugh will be confirmed to the U.S. Supreme Court by the Senate, we can ask: What, if anything, will the bruising battle over his confirmation mean for his jurisprudence?

There’s no objective answer to that question. It depends on imagining an alternative universe in which Kavanaugh was confirmed without scandal.