The Brett Kavanaugh Problem

Professor Paul Schiff Bermanargued in theNew York Times last week that Congress should not act on any nomination to replace Justice Anthony Kennedy until the conclusion of the special counsel's investigation and clarification of Donald Trump's legal position. Bermancited Trump's "profound personal interest in appointing a judge he can count on to protect him" on a number of constitutional issues directly pertaining to the president's legal interests or exposure that may come before the justices-...