Washington Times: The case against Kagan

Praise for an Israeli judge drives criticism of Kagan

Elena Kagan and the Religion Clauses

Jewish Clergy Group: Elena Kagan Isn’t ‘Kosher’ to Serve on Supreme Court

850 Orthodox Rabbis: Kagan not kosher for any court, threatens Jewish security

Top Democrats won’t say if Kagan should justify abortion views

GOP, conservatives reveal arguments against Kagan

ABA gives Kagan highest rating for judicial nominees

Bork’s revenge: Today’s partisan Supreme Court is an unintended consequence of Roe v. Wade

CWA: Kagan is a liberal political soldier, not an impartial jurist

Polls show Kagan’s support doesn’t run deep

Top Republican: Filibuster of pro-abortion Elena Kagan still possible

Supreme Court issues 7 opinions, CLS v. Martinez expected on Monday

Americans United urges Senate panel to question Kagan on church-state views

Rasmussen poll of US voters: 42% oppose Kagan’s confirmation, 35% favor

Kagan Supreme Court confirmation hearings begin Monday

Kagan submits updated financial disclosure

Predicting an end to Roe v. Wade

Bork takes on Kagan’s “immature theory of judging”

SCOTUSblog: This Term’s pending cases

Fellow law clerks endorse Kagan for court

Former SGs Endorse Kagan for Supreme Court

Republicans May Boycott Kagan Supreme Court Hearings Over Lack of Documents

Kagan sought secrecy in 4 of 5 open gov’t cases

Is Supreme Court Nominee Elena Kagan an Ex-Gay?

Law Review: Justice Sotomayor and Establishment Clause Jurisprudence

    Justice Sotomayor and Establishment Clause Jurisprudence: Which Antiestablishment Standard Will Justice Sotomayor Endorse?
    David M. Estes, 11 Rutgers J. L. & Religion 525 (2010)

    “Over a decade ago Justice Antonin Scalia caricatured the Lemon test as a ‘late night ghoul that refuses to die.’ The Lemon test is the legal standard used to determine whether a government action runs afoul of the Establishment Clause of the First Amendment to the United States Constitution. For years Justice Scalia and his allies on the highest court have worked to build a large enough coalition to overrule the Lemon test, and establish a new standard for determining the constitutionality of a government act under the Establishment Clause of the First Amendment.

    Justice Byron White famously observed that every time a new justice comes to the Supreme Court of the United States ‘it’s a different court.’ So the 2009 appointment of Justice Sonia Sotomayor to the Supreme Court raises the question of how will the Court’s Establishment Clause jurisprudence be affected. Will Justice Sonia Sotomayor, a left of center Catholic, provide the all-powerful fifth vote and finally put to death Justice Scalia’s ghoul?

    To explore this question, this article will (1) summarize and review Establishment Clause jurisprudence, (2) examine Justice Sotomayor’s Establishment Clause record, and (3) identify characteristics of Justice Sotomayor’s jurisprudence that might suggest how her appointment will affect the evolution of Establishment Clause jurisprudence.”


  • Posted: 06/22/2010
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  • Category: Bench & Bar
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  • Source: www.lawandreligion.com

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Holder v. Humanitarian Law Project

Supreme Court Bingo predicts the author of the CLS opinion

Bork to publicly oppose Kagan for Supreme Court

Top Senate Republican Leaves Door Open to Potential Elena Kagan Filibuster

Kagan and Shariah: Supreme court nominee displays selective moral outrage

Kagan notes label KKK and NRA as ‘bad guy’ organizations

ABA Asks High Court To Take Judges’ Pay Raise Suit

    Forbes: “The ABA filed a brief Monday arguing that Congress’ periodic withholding of the judicial cost-of-living increases has resulted in compensation that is ‘now so low that it seriously compromises the independence that life tenure was intended to ensure, and is insufficient to attract and retain well-qualified jurists from diverse economic and societal backgrounds.’”


  • Posted: 06/18/2010
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  • Category: Bench & Bar
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  • Source: blogs.forbes.com

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Judiciary chairman expects July vote for Kagan

Kagan’s e-mails to go public as hearings approach

Senate Republican Accuses Kagan of Staying Silent on Saudi Gift to Harvard

Who’s Writing the Opinion in CLS v Martinez?

Elena Kagan’s Oxford Thesis Has Supreme Court Nominee Praising Activist Judges

Supreme Court OKs search of policeman’s sexy text messages

The Constitution and Souter: Let’s hope Kagan feels otherwise

    David B. Rivkin Jr. and Lee A. Casey write at USA Today: “In fact, former Justice David Souter set the discussion in motion last month in a Harvard commencement address — arguing that seeking to resolve difficult constitutional questions based on an honest effort to construe that document’s words (whether broadly or narrowly) “has only a tenuous connection to reality” and leads to bad decisions. Souter’s candor is commendable but also genuinely troubling — the practical equivalent of a retired cardinal announcing that religion is an opiate for the masses . . . ”


  • Posted: 06/16/2010
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  • Category: Bench & Bar
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  • Source: www.usatoday.com

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The Liberal Mythology of the “Activist” Supreme Court

Jordan Lorence: Elena Kagan and Mrs. Smith

Fellow law school deans embrace Kagan for court

Georgetown Supreme Court Institute seeking Deputy Director

Kagan Worked on Jones Suit for Clinton

Vets ask Obama to restore memorial cross

High court sides with immigrant with minor record

Kagan role in Clinton sex harassment suit withheld

Kagan took broad view of religious freedom

President Obama Names James E. Graves, Jr. to U.S. Court of Appeals for the Fifth Circuit

GOP senators criticize Kagan’s work as court clerk

Kagan Files From Clinton Administration Show Her Backing Human Cloning

Kagan’s threat to gun owners

NY: Local man’s child porn case goes to U.S. Supreme Court

Sotomayor votes reliably with Supreme Court’s liberal wing

Pro-Lifers Worry Kagan Could Push Supreme Court on Assisted Suicide

Dellinger: Kagan is no Souter

Kagan Article Shows She May Use Motive Test to Strike Pro-Life Abortion Laws

U.S. Supreme Court Temporarily Blocks AZ Campaign Finance Law

Kagan Nomination Not Stopping Other Nominees

Judicial Expert: Memo Makes it Clear Elena Kagan Would Back Roe, Abortion

Under the U.S. Supreme Court: Kagan headed for OK Corral

The Blankest Slate

    Ed Whelan writes at National Review: In sum, Kagan, in an exercise of cheap moral posturing, elevated her ideological commitment on gay rights above what Congress, acting on the advice of military leaders, had determined best served the interests of national security. She directed her verbal fire entirely at the military, not at the politicians who in fact bore ultimate responsibility for Don’t Ask, Don’t Tell. In the midst of war, she violated federal law by treating military recruiters worse than she treated the elite law firms that were donating their legal services to anti-American terrorists and suspected terrorists. As Peter Beinart, the liberal former editor of The New Republic, has put it, barring military recruiters from the jobs office amounted to “a statement of national estrangement,” of Kagan’s “alienating [her]self from the country.”


  • Posted: 06/07/2010
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  • Category: Bench & Bar
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  • Source: article.nationalreview.com

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Justice Thomas and the state bench: The new Supreme Court feeders?

    The Faculty Lounge: “I believe we may be seeing a new Supreme Court nominee feeder – Justice Thomas – and a new Supreme Court feeder system . . . the state Supreme Courts. Lacking the ability to appoint judges to the U.S. Courts of Appeal during an Obama Presidency, but in an effort to culture (and observe) future Republican Supreme Court nominees, it seems that the Republicans may be tapping a new route to the High Court.”


  • Posted: 06/07/2010
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  • Category: Bench & Bar
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  • Source: www.thefacultylounge.org

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Titles of Nobility in America: Elena Kagan and the Return to Feudalism

6th Circuit takes lead as most reversed appeals court

Kagan called assisted suicide ban “terrible idea”

Clinton-era Kagan documents are released

Kagan files show pragmatic streak in tobacco talks

ABA in midst of Kagan evaluation

Support for confirming Kagan trails that of recent nominees