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Evaluating Kagan

Posted: May 15, 2010 1:15 p.m.
Updated: May 16, 2010 4:55 a.m.
Elena Kagan, the president’s nominee for the Supreme Court, has the least amount of experience of any nominee in the last three decades. Her judicial experience is zero, as is her real-world experience, having spent most of her career in academia or working as a Democratic Party insider.

President Barack Obama appointed her as U.S. solicitor general, where she once argued that, under campaign-finance laws, the federal government has the power to ban certain books and pamphlets.

Responding to this argument, Chief Justice John Roberts wrote: “As a free-floating test for First Amendment coverage, that (proposition) is startling and dangerous.”

Kagan has called for Senate confirmation hearings “to engage nominees in meaningful discussion of legal issues,” and to discuss the nominees’ views on current issues.

Now, being considered for a permanent position on the Supreme Court, she should be vigorously evaluated by these very standards.


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