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  • Elena Kagan

    The End of the Beginning of the Kagan Hearing

    We didn’t hear any questioning of Elena Kagan in the first day of her confirmation hearing before the Senate Judiciary Committee, but we did get the opening statements of all of the senators on the Committee and we heard from the nominee herself. The Democrats have 12 members including the … More

    In Kagan Hearing, Senate Liberals Downplay the Importance of Impartiality

    In their opening statements today in the confirmation hearings of nominee Elena Kagan for the Supreme Court, liberal Senators have taken to arguing that a Justice’s job is not to “call balls and strikes.” Most conservatives rightly believe the law should govern, not judges, and that Supreme Court Justices should … More

    Castigating Conservative Justices in the Kagan Hearing

    Listening to Senators Feinstein, Durbin, Leahy and Schumer castigating the current members of the U.S. Supreme Court in their opening statements in the Kagan confirmation hearing shows that they apparently want to turn this proceeding into a star chamber on Chief Justice Roberts and Justice Alito, among others, as opposed … More

    Sessions' Opening Statement on Elena Kagan

    As the confirmation hearings of Elena Kagan got underway at 12:30, the ranking member of the Senate Judiciary Committee, Jeff Sessions (R-AL), lost no time getting to the heart of the concerns that are raised by Elena Kagan’s nomination by President Obama to the Supreme Court: Ms. Kagan has less … More

    The Next Chicago Gun Rights Case . . . And Why It Is Important to the Kagan Confirmation

    Moments ago, the Supreme Court announced that, Yes Virginia, the Second Amendment does in fact apply to the states, and thereby struck down Chicago’s complete ban on handgun possession. But this decision (and the Court’s prior decision in Heller) raises still other questions which will likely have a substantial impact … More

    Morning Bell: Will Elena Kagan Defend the Rule of Law?

    The Senate Judiciary Committee will begin its hearing today on the nomination of Elena Kagan to be the next Associate Justice of the Supreme Court of the United States. Kagan is no stranger to the confirmation process; in fact, she devoted one of her few academic writings entirely to the … More

    The Kagan Rush to Judgment

    The Senate hearing for Supreme Court nominee Elena Kagan starts on Monday, June 28.  Senator Patrick Leahy (D-VT), the Chairman of the Senate Judiciary Committee, has refused Republican requests to delay the hearing.  The Republicans have a very good and justified reason for that request – the huge number of … More

    Elena Kagan's War on the Military

    Elena Kagan’s treatment of military recruiters while dean of Harvard Law School was supposed to be an insignificant blip during her Supreme Court confirmation. Vice President Joe Biden, for instance, brushed aside the suggestion that she did anything wrong in a recent TV interview. But a closer look at the timeline … More

    We Know Stevens, But What Do We Really Know About Kagan?

    Many who advocate for the appointment of originalist judges believe that the Court will not be worse off when Justice John Paul Stevens is replaced.  After all, who could possibly be more of a liberal activist than the leader of the Court’s liberal bloc, Justice Stevens? This mode of thinking … More

    President Obama’s Supreme Court Double Standard

    Senator Barack Obama said the following about the Harriet Miers nomination to the Supreme Court according to Greg Sargent in The Plum Line (Washington Post) in 2005: Harriet Miers has had a distinguished career as a lawyer, but since her experience does not include serving as a judge, we have … More