I’ve been reading a few articles on Kagan by people whose writing on legal matters I tend to respect. I’m just going to post the links here, okay?

Jeff Toobin: Elena Kagan’s Nomination and Elena Kagan and Gays in the Military

Jeff Rosen: The Next Justice: Why Kagan is the ideal Obama jurist

Lawrence Lessig: A Case for Kagan

Charles Fried: Everyone’s Dean: Why Elena Kagan has earned the respect of conservatives, like me

Walter Dellinger: Elena Kagan Is a Progressive on Executive Power

Nina Totenberg: Seen As Rising Star, Kagan Has Limited Paper Trail

Glenn Greenwald: Obama’s natural choice of Kagan

Marvin Ammori: Does Elena Kagan Disagree With Justice Stevens On Citizens United?

Mark Tushnet: Elena Kagan’s Scholarship

The rebuttable view I’m coming to is that her views on major political issues of our day are largely unknown, and that her publication record is quite thin. But she gets accolades for her brilliant mind and leadership skills from those who’ve worked with her. Also, perhaps needless to say, the media narrative about right vs. left is grossly over-simplified. A judge’s role is much more complex than simply being a right-winger or a left-winger. I’m not troubled by the fact that she’s not clearly identifiable on the political spectrum. However, the lack of a public record might still make her a risky pick.

Please share your thoughts, comments, links, etc. below.

Print  •  Email