Yale Law Prof. Akhil Reed Amar Amar ("A liberal's case for Trump's pick, Brett Kavanaugh," July 10) lays out a fine argument in favor of Kavanaugh's qualifications for the U.S. Supreme Court — his studiousness, his thoughtfulness, his "wide and deep" respect among his peers. That's all wonderful. However, a president who is the subject of a criminal investigation, the end result of which may wind up ruled on by the Supreme Court, should not be allowed to nominate anybody to that court — not Kavanaugh, not Merrick Garland, not the second coming of John Marshall — until the criminal investigation is concluded, unless that nominee promises to recuse themselves from any legal proceedings related to that criminal investigation. Case closed.
Nathan Dunst, Minneapolis
• • •
Amar's proposed "compromise in procedure" baffles me. First, it requires that senators, who are constitutionally charged to advise and consent to a nominee for the Supreme Court, actually commit to voting yes before any hearings are held. Second, if unwilling to commit to confirmation before questioning the nominee, it requires them to do the job of the president and identify whom he might better have nominated. In exchange, Democrats will insist that Mr. Kavanaugh "answer all fair questions." Should this not be the obligation of a nominee to any position, let alone a nominee to the highest court established in the Constitution? And wouldn't Prof. Amar's modest proposal upend the deliberative process of more than 200 years, making appointment to the Supreme Court merely a game of bargaining and tit-for-tat?
Gail O'Hare, St. Paul
• • •
Here's why Trump picked Brett Kavanaugh:
"Congress might consider a law exempting a President — while in office — from criminal prosecution and investigation, including from questioning by criminal prosecutors or defense counsel" and "If the President does something dastardly, the impeachment process is available." These are Brett Kavanaugh's writings in 2009.
Question: If there are no investigations, how can our legislative branch expect to properly and fairly determine if "something dastardly" has occurred?
The conservative Supreme Court has already ensured that moneyed interests have great power to influence our political process and, clearly, the money has spoken. I think that enacting such a law would be the last straw for democracy. Those words concern me more than anything else about this nominee. People need to start thinking seriously about what the alternatives to democracy might look like.