At Balkinization, Marvin Ammori and Mark Tushnet review some of Elena Kagan’s scholarship (and seem more impressed than Paul Campos and Paul Mirengoff). Ammori explores some of her First Amendment scholarship and wonders whether she is sympathetic to “corporate speech rights,” such as those embraced by the Supreme Court in Citizens United. Brian Leiter also […]
Tag Archives | Elena Kagan
Preliminary Reflections on the Kagan Nomination
I don’t have a lot to say about Obama’s nomination of Elena Kagan that can’t be said better by others. Unlike now-Justice Sotomayor, she does not have an extensive record on issues that are within my core areas of expertise. I do, however, want to highlight one important advantage Kagan has over the realistic alternatives: […]
Elena Kagan: “I LOVE the Federalist Society! I LOVE the Federalist Society!”
By Jim Lindgren on May 10, 2010 12:10 am in American Constitution Society, Federalist Society, Kagan Nomination, Supreme Court
Charles Fried tells part of the story about Elena Kagan’s appearance at a Federalist Society dinner at Harvard a few years ago: In February 2005 the student branch of the Federalist Society (a group founded in the early ’80s to explore and promote conservative and libertarian perspectives on the law) held its national jamboree at […]
Justice Kagan I Presume?
By Jonathan H. Adler on May 9, 2010 10:25 pm in Judicial Nominations, Kagan Nomination, Supreme Court
SCOTUSBlog’s Tom Goldstein says the pick is coming tomorrow, and David Lat has reasons to think it’s Kagan (as Politico reported Friday). If Kagan is the pick, there will be no filibuster and she will be confirmed — perhaps even with 65 votes as Goldstein predicts — but there could be some bumps on the […]
Closing in on a Court Pick
Politico‘s Mike Allen thinks so. Jan Crawford profiles the pros and cons of the final four — SG Elena Kagan, and Judges Diane Wood, Sidney Thomas, and Merrick Garland — while most of the buzz surrounds Kagan and, to a lesser extent, Wood. For what it’s worth, I remain skeptical that SG Kagan would be […]