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Is Kavanaugh Violence Permissible?
Kagan wanted Kavanaugh to at least have in mind that he has done and said things that are really not very different from what you and see at Harvard in their admissions policies. Kagan's view, the Constitution has no problem with that. And I think she thinks in his heart of hearts, maybe Kavanaugh understands that it's permissible too. It is an attempt to appeal to whatever shred of decency remains in him and open mindedness.