There’s no point is asking Kavanaugh a question he can (and will) dodge. Ask him a question he can’t dodge (and whose answer might provide meaningful insight). Here’s one: Suppose it’s 1849 (i.e., before the Field Code merged law and equity) and you’re offered your choice of two judgeships, both of equal rank, prestige, salary, etc. One is in a court of law, the other in a court of equity. Which do you choose and why?
Getting him to discuss the role of law and equity in our system might lead to his actually saying something, maybe even something useful for those who would oppose him.
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