Kagan Recap

Elena Kagan's expressed views are sparse. She has a lot of answers to provide. But since we pretty much knew she would be the nominee a while ago, we wrote about the few issues where her views and/or conduct were known. First, I wrote a lengthy post extolling Kagan's law review article on executive power as an exercise in scholarly excellence and progressivism. Second, I wrote a critique of her hiring actions as Dean of Harvard Law School. Third, I discussed Kagan's views on preventive detention (they are similar to my own, which are not progressive.)

Here is Jeralyn's take on the announcement of Kagan as SCOTUS nominee.

The story of Elena Kagan's legal views remains to be told and she needs to tell it during her confirmation hearings.

Speaking for me only

< Specter's Compelling Argument For Voting No On Kagan For SG | Rosen: Apply the "Kagan Standard" To Kagan >
  • The Online Magazine with Liberal coverage of crime-related political and injustice news

  • Contribute To TalkLeft

  • Display: Sort:
    I would also add (5.00 / 2) (#1)
    by andgarden on Mon May 10, 2010 at 01:11:14 PM EST
    the Times's profile for those who think that there is something to be gained from knowing Kagan's personal history. There is some pretty straightforward ideological evidence there.

    But I also am reminded (none / 0) (#3)
    by Cream City on Mon May 10, 2010 at 01:54:51 PM EST
    that Reagan was raised, literally, on the New Deal and was a Democrat until the 1960s.

    People change, seasons change. . . .


    Yeah (5.00 / 1) (#5)
    by squeaky on Mon May 10, 2010 at 02:00:58 PM EST
    Blackmun, Stevens...  

    If you use the argument that people change, well you cannot argue that they change in any particular direction...


    Jane Austen: good. Opera: good (none / 0) (#7)
    by oculus on Mon May 10, 2010 at 02:25:30 PM EST
    (Oh wait, Scalia loves opera.).

    Indeed (none / 0) (#9)
    by andgarden on Mon May 10, 2010 at 03:20:28 PM EST
    But evidence of a similar departure here seems. . .lacking.

    Love it: (none / 0) (#8)
    by oculus on Mon May 10, 2010 at 02:54:40 PM EST
    "She was extremely aggressive when she was in the White House in trying to carry out the president's agenda," Ms. Gorelick, a former deputy attorney general and a fan of Ms. Kagan, was quoted as saying. "She was not the most popular person there in part because of that."

    Here's my Court scorecard, (5.00 / 1) (#6)
    by brodie on Mon May 10, 2010 at 02:06:38 PM EST
    assuming Kagan is confirmed.  

    1. 3 females to 6 men.  Positive trendline for gender.

    2. 6 Catholics and 3 Jews.  Not so representative.  Looking for a non-affiliated Age of Aquarius spiritual type.  Unitarian acceptable.

    3. No Justice who didn't attend either Harvard or Yale LS.  Not great given all the top notch public law schools out there, especially in the West.  

    4. 4 out of 9 Justices hail from NYC.  This is almost embarrassing.  Though, as I noted at Booman, not a single Borough is overrepresented with more than one Justice, with only Staten Island yet to be honored ... (Kagan: Manhattan; Sotomayor: Bronx; RBG:  Brooklyn; Fat Tony Scalia:  Queens)

    She could be very good (none / 0) (#2)
    by MKS on Mon May 10, 2010 at 01:49:30 PM EST
    Someone who has been focused on getting things done...on being an executive, rather than judge.....

    Very ambitious.  Good.  Wants to win.  Good.  Not a wallflower....Good.

    Thanks for the link to the article.  Very informative...

    Although trial judges must be good (none / 0) (#4)
    by oculus on Mon May 10, 2010 at 01:55:20 PM EST
    administrators to survive.

    Cheese Eating Socialists (none / 0) (#10)
    by squeaky on Mon May 10, 2010 at 03:39:55 PM EST
    Elena Kagan, who was nominated on Monday to fill Justice John Paul Stevens' seat on the U.S. Supreme Court, grew up on 75th Street and West End Avenue. Kagan's Upper West Side upbringing could become an issue in her confirmation hearings -- or rather, the popular stereotype about the Upper West Side as a haven for cheese-eating Socialists could become an issue.

    Orin Hatch:

    It has been brought to my attention that the Upper West Side of NYC has a sordid history. Let me be frank and  not mince words: Elena Kagen, are you a cheese eating Socialist?  

    The National Organization for [Limited] Marriage (none / 0) (#11)
    by MyLeftMind on Mon May 10, 2010 at 04:42:17 PM EST
    has concluded that Elana Kagan is dangerously pro-gay. Hurray!

    (NOM's Brian Brown says that she "sabotaged" the legal case for upholding the federal Defense of Marriage Act because she noted that since many straight married couples don't have kids, procreation is not a very good legal rationale for restricting marriage to heterosexuals.)