As a law professor for half a century, I tested the consistency and strength of my students' arguments by constructing thought experiments in the form of challenging hypothetical cases — we called them hypos. So let’s construct one to test the arguments being offered in the Kavanaugh case.
A thought experiment: President Hillary Clinton nominates the first Muslim-American to the Supreme Court. Let’s call him Amir Hassan. He is highly qualified and his nomination is widely supported by most Democrats and some centrists.
Most Republicans oppose him and accuse him of being a judicial activist. Then several witnesses place him at a mosque at which terrorism was advocated. He claims he went there to hear all sides of the issue. One witness places him in a terrorism training camp but that account is not corroborated. One final witness identifies him as the man who planted the bomb that blew off his leg at a demonstration. He categorically denies any association with terrorism.
How would the Senate, the media, ACLU and the public deal with these accusations?