Kagan says Justices aren’t umpires in departure from Roberts

Homogenization and CLS v. Martinez

Supreme Court ruling supports Hastings College of Law’s student groups policy

Specter unhappy with Kagan’s answers

Republicans press Kagan on social issues at hearing

As Republicans despair, “[c]onfirmation all but sure, Kagan ending hearings”

Kagan: latitude needed in religion cases

Is his gun-control concurrence Justice Thomas’s finest hour?

    Wall Street Journal / Law Blog: “Those arguing for resuscitation of the Privilege or Immunities Clause pinned their hopes on Justice Antonin Scalia and Justice Clarence Thomas, both known for their ‘originalist’ approach to constitutional interpretation. … in a separate concurrence, Justice Thomas boldly went where no justice has gone before: to the arms of the Privileges or Immunities Clause. He wrote: T]he text of the Privileges or Immunities Clause . . . command[s] that “[n]o State shall . . . abridge” the rights of United States citizens . . . the Clause establishes a minimum baseline of federal rights, and the constitutional right to keep and bear arms plainly was among them.’ … So what happened to Justice Scalia? In Barnett’s opinion, Scalia ‘doesn’t like unenumerated rights, and he’s afraid that the Privileges or Immunities will sanction unenumerated rights.’ Adds Barnett: ‘Perhaps he’s right to be concerned, but it certainly goes against his originalism.’”


  • Posted: 06/30/2010
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  • Category: Bench & Bar
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  • Source: blogs.wsj.com

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Human Events liveblogging Kagan hearings with help from AUL

Kennedy retains his pivotal role

    Wall Street Journal: “When the court returns in October, Justice Kennedy’s influence is likely to grow stronger still. With the retirement of Justice John Paul Stevens, Justice Kennedy will be the senior justice in cases where he differs with the chief justice and Justice Antonin Scalia. So when Justice Kennedy finds himself in agreement with the court’s liberals, he will be the one deciding who writes the opinion for the court.”


  • Posted: 06/30/2010
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  • Category: Bench & Bar
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  • Source: online.wsj.com

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Kagan follows precedent by offering few opinions

    New York Times: “Ms. Kagan’s responses, during a long and sometimes tense day of parrying with members of the Senate Judiciary Committee, were similar to those of Supreme Court nominees past. But unlike her predecessors, Ms. Kagan wrote a 1995 article calling for judicial nominees to be more forthcoming. On Tuesday, minutes into her testimony, she backpedaled, saying she now believed it would be inappropriate even to answer questions that might ‘provide some kind of hints’ about her views on matters of legal controversy.”


  • Posted: 06/30/2010
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  • Category: Bench & Bar
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  • Source: www.nytimes.com

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Supreme Court refuses review of school rules on distributing materials

SCOTUSblog: Kagan Confirmation Hearings | Day 3

Jonah Goldberg: The unBorkable Elena Kagan

    Townhall: “Although the Bork inquisition was a largely partisan affair, the consequences have yielded a bipartisan sham. Republican and Democratic nominees alike are trained to say as little as possible and to stay a razor’s width on the side of truthfulness. … And that’s why Kagan should be the hero of this tale. She has vociferously argued that the ‘Bork hearings were great … the best thing that ever happened to constitutional democracy.’ … Alas, it doesn’t look like Kagan will be following the Kagan standard.”


  • Posted: 06/30/2010
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  • Category: Bench & Bar
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  • Source: townhall.com

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Kagan, ACOG and the Partial-Birth Abortion Ban: The Politicization of “Science”

Phyllis Schlafly: Constitution is endangered if Kagan OK’d

Christian Legal Society loses right to remain Christian

Supreme Court affirms viewpoint discrimination

David French: Supreme Court deals blow to liberty

“Prayer leader: Supreme Court decision may signal onset of church persecution”

Court ruling threatens Christian college groups

Supreme Court rules in favor of Hastings

Court ruling threatens Christian college groups

“Prop 8 Plaintiffs See Crucial Language in Supreme Court’s Law School Ruling”

Sotomayor targets guns now: Justice’s dissent contradicts confirmation testimony

Prepared statements from Judiciary Committee members

U.S. Supreme Court denies appeal over candy cane pens, other religious materials in Plano schools

Kagan disregards Obama view on empathy

Marriage, life dodge a bullet in gun ruling

David French interview: “You cannot be an equal participant in the marketplace of ideas”

David French: Overstepping Boundaries: The Supreme Court decides what’s best for Christians

Elena Kagan demanded sex-change operations and bathroom access as “equal rights” for cross-dressing Harvard students

Kagan treads carefully on guns, abortion

Kagan files’ abortion text finds its way into OB-GYN group’s findings and Supreme Court decision

    CNSNews: “On Dec. 5, 1996, the government relations office of the American College of Obstetricians and Gynecologists (ACOG) privately provided the Clinton White House with the unreleased draft of a policy statement ACOG was preparing to put out on intact dilatation and extraction (D&X) abortion — the procedure used in a partial-birth abortion. Having reviewed the draft of the ACOG statement, then-Associate White House Counsel Elena Kagan wrote an internal White House memo declaring that the statement would be a “disaster” for the Clinton administration if it were publicly released . . . ”


  • Posted: 06/29/2010
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  • Category: Bench & Bar
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  • Source: www.cnsnews.com

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Eugene Volokh: “On free association, the Court makes the right call”

Kagan: Foreign law can be useful in deciding cases

Kagan reaffirms extreme pro-abortion position

How Elena Kagan helped “queer” Harvard Law School

    MassResistance: Supreme Court nominee Elena Kagan is committed to the radical campaign pushing acceptance of homosexuality and transgenderism as ‘civil rights.’ Her unprecedented activism supporting that view as Dean of Harvard Law School (2003-2009) calls into question her ability to judge fairly and impartially on same-sex ‘marriage’ and other homosexuality- or transgender-related issues that may come before the nation’s highest court. … Working hand in hand with students to expel military recruiters in protest over the Armed Forces’ ban on homosexuals (a ‘moral injustice of the first order,’ she wrote) is only the most obvious example of Kagan’s passionate dedication to this controversial and immoral agenda.”


  • Posted: 06/29/2010
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  • Category: Bench & Bar
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  • Source: www.massresistance.org

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Kagan’s abortion distortion

Sen. Sessions: Kagan defied law on military recruiting

The potentially far-reaching implications of the Supreme Court’s ruling that 2nd Amendment binds the states

    FindLaw: “If incorporation were automatic, in the eyes of the majority, then most of the majority’s McDonald opinion would have been unnecessary. Rather than simply saying that the Second Amendment is part of the Bill of Rights and therefore incorporated, the Court extensively analyzed the historical record in an effort to ‘decide whether the right to keep and bear arms is fundamental to’ the American ‘scheme of ordered liberty’ or, in what the Court took to be an alternative formulation of the same question, whether the right is ‘deeply rooted in this Nation’s history and tradition.’ That test leaves open the possibility, at least in principle, that a provision of the Bill of Rights might not be fundamental or deeply rooted, and thus might not be incorporated against the states.”


  • Posted: 06/29/2010
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  • Category: Bench & Bar
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  • Source: writ.news.findlaw.com

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Kagan embraces notion of living Constitution

Kagan on guns: Court precedents are “settled law”

Supreme Court sides with school against religious exclusion

“High Court ruling on Hastings Law School upholds separation of church and state”

Christian Legal Society: It’s not over yet

Alito: Supremes endorse “viewpoint discrimination”

“Serious setback for freedom of expression”

New venue for anti-bias debate

Supreme Court decision on law school’s anti-bias policy may have limited impact

Supreme Court decision on religious freedom “narrow and troubling”

Supreme Court rules against Christian legal group

Martinez ruling a “serious setback for freedom of expression”

Justices say Christian club not exempt from non-discrimination policy

“Christian Legal Society loses in Supreme Court case”

Court rules against CLS

Score one for the homosexual agenda

Supreme Court rules against student group that refused to admit “gays”

“Group barring gays can be denied recognition, high court says”

Republicans bring up Kagan’s record on military

Kagan says Pentagon recruiters had Harvard access

CLS v Martinez: The Alliance Defense Fund responds

Graham Signals willingness to support Kagan

Day 1 of Senate hearings offers tale of 2 Kagans

    Breitbart: “To those hearty souls who tuned in to C-SPAN on Monday it must have sounded like a tale of two Kagans. Alabama Sen. Jeff Sessions, the ranking Republican on the panel, previewed the GOP lines of attack—reaching all the way back to her college thesis on socialism, which he said ‘seems to bemoan socialism’s demise.’ … For every GOP thrust, there was a Democratic parry. Committee Chairman Patrick Leahy of Vermont called her legal credentials ‘unassailable.’”


  • Posted: 06/28/2010
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  • Category: Bench & Bar
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  • Source: www.breitbart.com

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Kagan hearings witness list released

Kagan vows to be unbiased, deferential to Congress

Kagan called judicial activist in Supreme Court hearing, Democrats cite lack of record

Justice Ginsburg’s husband dies at age 78

    Law.com: “Prominent tax lawyer and professor Martin Ginsburg, husband of Justice Ruth Bader Ginsburg for 56 years, died Sunday at their home in Washington, D.C. Martin Ginsburg, who was 78, died from complications of metastatic cancer, according to an announcement from the Court’s public information office. Ginsburg was a professor at Georgetown University Law Center and was of counsel to the law firm Fried, Frank, Harris, Shriver & Jacobson.”


  • Posted: 06/28/2010
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  • Category: Bench & Bar
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  • Source: www.law.com

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Michael McConnell writes in support of Elena Kagan’s nomination

Supreme Court hearings: “Vapid and hollow” or substantive and illuminating?