“Does Elena Kagan want to ban books? No, and she might even be a free-speech zealot.”

Supreme Court to decide tuition appeal

High Court to Weigh Arizona Tuition Tax Credits

Kagan campaign for Supreme Court: Both sides step it up

GOP Dilemma: Fight Kagan, or Go Along?

Gov’t asks Supreme Court to keep ‘soft money’ ban

Senator: No Kagan hearings without Clinton files

Americans United for Life seeks Kagan hearing delay

Supreme Court to review Texan’s death row case

U.S. Supreme Court to hear school-choice and RLUIPA cases

Kagan’s 2003 speech: A window onto her views on judging?

Trove or trouble? 168,000 pages of Kagan

Scalia says he, Breyer and Kagan are friends

Constitution takes hit from Supreme Court

U.S. Bishops Withdraw from Pro-Abortion, Homosexualist Civil Rights Coalition Backing Kagan

Justice Clarence Thomas, the Constitution and School Choice

Elena Kagan’s Political Contributions Go to Pro-Abortion Democrats, Radicals

Maine Sen. Snowe lauds high court nominee Kagan

Senate panel asks Clinton library to turn over documents on Elena Kagan

Kagan papers shed light on nominee’s personality

Law Review: Assessing the Scope of Constitutional Change Under an “Obama Court”

    Rob R. Robinson, “Still Chastened”: Assessing the Scope of Constitutional Change Under an “Obama Court” (May 18, 2010). Available at SSRN: http://ssrn.com/abstract=1610251

    “For the first time since 1968, the election of Barack Obama raises the possibility of creating a liberal majority on the Supreme Court. In this article, I assess whether such an ‘Obama Court’ would lead to significant constitutional change. Drawing on research regarding both the internal dynamics of the Supreme Court and the effect of the Court’s external environmental, I develop four benchmarks that historically correlate with more rapid and significant constitutional development. Taking each benchmark in turn, I argue that an ‘Obama Court’ would lack the coherence, the desire, and the power to fundamentally reshape the constitutional status quo. Instead, the Obama Court would be a mirror image of the later Rehnquist years, drifting to the left on the resolution of some constitutional problems, but in essence remaining a ‘chastened’ institution capable of only incremental change.”


  • Posted: 05/20/2010
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  • Category: Bench & Bar
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  • Source: ssrn.com

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Hastings Law School Loses New Jersey

Supreme Court Continues to Impose Its Own Morality on States

The Supreme Court’s Decision About Sexually Dangerous Federal Prisoners: Could It Hold the Key to the Constitutionality of the Individual Mandate to Buy Health Insurance?

    Michael C. Dorf writes at Findlaw: “On Monday, in United States v. Comstock, the U.S. Supreme Court upheld the power of the federal government to confine mentally ill, sexually dangerous prisoners beyond the expiration of their criminal sentences. Interesting in its own right, the case also provides a window into the thinking of the various Justices on core questions of federalism. Comstock could thus become an important precedent if and when the Court is asked to rule on the individual mandate to purchase health insurance that was recently adopted as part of the federal health care reform law. Meanwhile, with tea-party activists having organized their movement around the principle of limited government–including, especially, opposition to the individual mandate–questions about Comstock could also play an important role in the upcoming confirmation hearing for Supreme Court nominee Elena Kagan . . . ”


  • Posted: 05/19/2010
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  • Category: Miscellaneous
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  • Source: writ.news.findlaw.com

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Kagan hearing to begin June 28

Thesis Is Window on Roots of Kagan’s Legal Creed

Judiciary Chairman: Kagan hearings start in June

Kagan Submits Answers to Senate Questionnaire

Elena Kagan Was Loved, Feared At Harvard

    NPR: The cheerful, charming Kagan so beloved by the students was not always in evidence elsewhere. Secretaries and faculty members alike have stories of Kagan screaming at people, slamming doors and chewing out subordinates in public — a trait that she is said to have carried with her to her next job as solicitor general. She’s a “yeller,” concedes one of her friends with a wry smile. (Law professor Mark) Tushnet, one of her admirers, puts it this way: “Her weakness as dean was that she really didn’t like people to disagree with her. But that’s not something you can do at the Supreme Court.”


  • Posted: 05/18/2010
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  • Category: Bench & Bar
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  • Source: www.npr.org

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On the Media: The debate over Elena Kagan’s sexuality

Kagan Memo on Partial-Birth Abortion Shows She’d be Hostile to Pro-Life Laws

Jan LaRue: A Rookie Supreme

Questions Elena Kagan has already answered

In Academia, Kagan Wrote Far Less Than Peers

Sen. Sessions talks about Kagan nomination to U.S. Supreme Court

Titles of Nobility in America: “Do Law Schools Seek ‘Exciting’ and ‘Diverse’ Students?”

When Justices Become Super-Legislators, Confirmations Must Become Political

    Carol Platt Liebau writes at Townhall: “So what explains the fact that only now are Republicans starting to oppose Democrat nominees with the same political vigor that’s long characterized the Democrats’ response to Republican presidents? Part of it may be because Republicans have finally realized that if all their presidents’ nominees are labeled as ‘extremists’ and dragged through the mud – yet they themselves continue to tip their hats and nod politely to left-of-center nominees – the result will be a definition of ‘mainstream’ jurisprudence that falls ever farther to the left on the political continuum. But there’s more to it than that . . . ”


  • Posted: 05/17/2010
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  • Category: Bench & Bar
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  • Source: townhall.com

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Andrew Sullivan: Answer the lesbian question, Ms Legal Eagle

Kagan campaigns for Supreme Court job

    AP: “Kagan isn’t revealing much as she plods through a painstaking series of Capitol Hill meetings with the senators whose backing she needs for confirmation. But the 50-year-old solicitor general – who’s never been a judge – has weighed in cautiously on several issues as she strives to paint a fuller picture of what kind of a justice she might be . . . ”


  • Posted: 05/17/2010
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  • Category: Bench & Bar
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  • Source: hosted.ap.org

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GOP filibuster unlikely on Kagan nomination

Titles of Nobility in America: “Why elites do belong on the Supreme Court”

    Christopher Edley Jr., dean of the School of Law at the University of California at Berkeley, writing in the Washington Post: “The gatekeeper power of such institutions is why it was so important to desegregate them (using affirmative action, among other tools) and why virtually all leaders of great universities talk about diversity and access. For about 40 years now, all the top law schools have tried to pick students who are not just brilliant but who have the potential to be outstanding leaders from and for all of America’s communities. Today, “elite” doesn’t carry the old-boy, classist, midcentury sense. In fact, law schools strive for an elitism that is quite democratic in comparison with many other fields. As at Yale and Harvard, we at Berkeley seek to build a campus community that is as exciting and diverse as our nation.”


  • Posted: 05/17/2010
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  • Category: Bench & Bar
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  • Source: www.washingtonpost.com

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“Should we ask if Supreme Court nominee is gay?”

On Speech, Kagan Leaned Toward Conservatives

Red State Blog: Kagan thesis proves she’s a socialist, Princeton demands we not show you

Kagan objected to White House query about her sexual preferences

    Washington Post: “Administration officials asked Kagan directly about her sexual orientation when she was being vetted for her post as solicitor general, [Former Whitehouse Communications Director Anita] Dunn said in response to a question that she protested was inappropriate. But she insisted that it was not a relevant factor in determining who was named to that job or this one. ‘When there’s a gay nominee, there’s a gay nominee, which will be a good thing, if they’re qualified and should be on the court,’ Dunn said.”   The report doesn’t indicate whether she ever answered it despite objecting to it.


  • Posted: 05/14/2010
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  • Category: Bench & Bar

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Memo Suggests Kagan Backed Funds for Religious Group

Justice questions way court nominees are grilled

Titles of Nobility in America: “Why Jews and Catholics on the Supreme Court?”

Kagan Bad on Guns

    Brian Darling of the Heritage Foundation writes at Human Events: “. . . the Senate should demand Clinton-era memos written by Kagan, so lawmakers can understand her view of the 2nd Amendment. After all, she was very much involved in many of the gun-control initiatives pushed by President Bill Clinton. The Senate must ‘properly evaluate’ Kagan and ‘appropriately’ educate the public about any anti-gun views she holds . . . Instead, though, expect the administration to stonewall. Kagan has no public record to speak of, and the President aims to keep her anti-gun views secret from the American public . . . ”


  • Posted: 05/14/2010
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  • Category: Bench & Bar
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  • Source: www.humanevents.com

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AP: “Kagan courts converts, gains favor on Capitol Hill”

Elena Kagan Donated to Pro-Abortion Women’s Group With Ties to Emily’s List

    LifeNews: Will Solicitor Elena Kagan objectively apply the Constitution or promote a pro-abortion agenda? It seems unlikely. Here’s why. Kagan has contributed financially to the National Partnership for Women and Families (NPWF), an organization whose goal, in its own words, is ‘to increase women’s access to…reproductive health services and block attempts to limit reproductive rights…and to give every woman access to…abortion services….’[1] Kagan ‘listed membership in’ NPWF in a questionnaire she submitted in connection with her judicial nomination in 1999.[2]”


  • Posted: 05/13/2010
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  • Category: Bench & Bar
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  • Source: www.lifenews.com

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Growing Up, Kagan Tested Boundaries of Her Faith

Cal Thomas: What is the Law?

    Cal Thomas writes at Jewish World Review: “What is the law? Is it a game played by insiders who went to Harvard (or Yale) law schools and the intellectual equivalent of theological debates over how many angels can dance on the head of a pin? Or is it something else, and if something else, what? The classical view of law is that it is meant to restrain lawbreakers. But in order to define a lawbreaker, one must have a standard for law so that people know it when they break it. The modern (“progressive” as Kagan has been called) view of law is that it is to serve the political ends of those in power . . . ”


  • Posted: 05/13/2010
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  • Category: Bench & Bar
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  • Source: jewishworldreview.com

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Kagan Was ‘Not Sympathetic’ as Law Clerk to Gun-Rights Argument

Kagan article following the 1980 Reagan landslide republished: “Fear and Loathing in Brooklyn”

“Gay rights central to Elena Kagan fight”

Rush Limbaugh: “State-Run Media is Obsessed with Elena Kagan’s Sexuality”

    Rush Limbaugh Transcript: ” . . . From the first moment the subject of her sexual orientation came up, I’ve been scratching my head. How can that possibly matter on the Democrat side of things? Do we really think that some senator’s gonna ask her? (interruption) You think they’re trying to provoke Republicans in saying something stupid about it? Well, if the Republicans don’t say something stupid about it, what it looks to me like is that the Democrats are the ones that have a problem with it, which is what I don’t understand. The Republicans are running for cover on practically everything here that has to do with Obama. They’re not going to say anything here, certainly none of the Senators. This Wall Street Journal thing is the closest thing the White House has got to, ‘A-ha, a-ha, bigot, homophobe!’ . . . ”


  • Posted: 05/12/2010
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  • Category: Bench & Bar
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  • Source: www.rushlimbaugh.com

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Poll: 1 in 3 Voters Say Kagan Should be Confirmed

“Elena Kagan’s friends: She’s not gay”

    Politico: “Elena Kagan is not a lesbian, one of her best friends told POLITICO Tuesday night, responding to persistent rumors and innuendo about the Supreme Court nominee’s personal life. ‘I’ve known her for most of her adult life and I know she’s straight,’ said Sarah Walzer, Kagan’s roommate in law school and a close friend since then . . . Another friend, former New York Governor Eliot Spitzer, a member of Kagan’s social circle at Princeton University, wanted to make the same point as Walzer. ‘I did not go out with her, but other guys did,’ he said in an email Tuesday night. ‘I don’t think it is my place to say more.’”


  • Posted: 05/12/2010
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  • Category: Bench & Bar
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  • Source: www.politico.com

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Planned Parenthood Endorses Elena Kagan Nomination for Supreme Court

Kagan Says ‘Governmental Motive’ is Proper Focus in First Amendment Cases, Backs Limits on Speech That Can ‘Harm’

Obama sets focus on centrists as GOP seeks to hold line on Elena Kagan

GOP wants Clinton-era papers on Kagan

Kagan’s predecessor laid groundwork for her success at Harvard Law

    Wall Street Journal: “Ms. Kagan’s six years as Harvard law dean form one of her most important credentials for the Supreme Court post, as President Barack Obama made clear when he nominated her Monday . . . But the case for Ms. Kagan as the primary healer on the once-divided campus is sometimes overstated. Much of the work to defuse the bitter atmosphere, which included ideologically driven standoffs over whom to hire, took place under Ms. Kagan’s predecessor, Robert Clark, dean for 14 years. He calmed tensions and expanded the faculty.”


  • Posted: 05/12/2010
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  • Category: Bench & Bar
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  • Source: online.wsj.com

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Elena Kagan White House “Interview” Riles Reporters

WSJ: Photo of Kagan is not lesbian innuendo

Kagan helped shield Saudis from 9/11 lawsuits

ABA Ratings of Kagan

Kagan Called ‘Don’t Ask, Don’t Tell’ A ‘Moral Injustice of the First Order’

Young Kagan’s socialism thesis