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Becoming a supreme court justice is one the highest privileges the US can bestow on any one citizen. There are (legal) limits to the factors that may or may not
by matt4077 8y ago
Becoming a supreme court justice is one the highest privileges the US can bestow on any one citizen. There are (legal) limits to the factors that may or may not be considered in the Senate's deliberations. It's a fallacy to believe that the presumption of innocence, a principle of criminal law applies. This is rather easy to see, just by looking at history, and vast amount of facts that have been cited in votes against nominees, only a tiny fraction of which were ever the subject of a criminal trial.
It's also intuitively obvious by considering the often-cited reasoning the the presumption of innocence:
It is better that ten guilty persons escape than that one innocent suffer.
Because this doesn't hold for supreme court justices, where I think most would agree it's better for ten excellent judges to be passed over in lieu of the second-best alternative, than to have one criminal decide what's law and what isn't.