Tuesday on Fox News Channel’s “Fox & Friends,” network legal analyst Andrew Napolitano posed the question asking if Supreme Court Associate Justice Brett Kavanaugh could sue The New York Times if an essay it published alleging he engaged in sexual misconduct was knowingly false.

Napolitano said if the circumstances were correct, he would have a case. However, he predicted it would not happen.

“Here’s an interesting one: Can Justice Kavanaugh sue The New York Times?” Napolitano said. “We know the standard is actual malice. Actual malice means did The New York Times publish something they knew was false, or did they publish it in reckless disregard to whether it was true or false? Is leaving out of the article the true statement that the victim does not recall this alleged event reckless disregard for the truth? He may actually have a case there. However, this is not going to happen. He doesn’t want to sue The New York Times. That’s going to open up pandora’s box for him.”

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