An old constitutional fight and Judge Brett Kavanaugh

The vicious fight over the nomination of Judge Brett Kavanaugh to the U.S. Supreme Court was foreshadowed in 1947, when Justice Felix Frankfurter raised a concern about the “merely subjective test” the high court was using to decide which state laws were going to be thrown out as violations of the U.S. Constitution’s Bill of Rights.
The case was Adamson v. California, and it related to the Fifth Amendment right to remain silent. The court ruled that this particular federal cons