U.S. Supreme Court
May 19, 2010
Kagan Commentary Misses the Point
Missed in much of the media commentary about Elena Kagan is that her advantage and disadvantage as a nominee are the same: the lack of a paper trail, says Erwin Chemerinsky.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law, UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
Much of what has been said about Elena Kagan in the last week misses the main points: she is sure to be confirmed to replace Justice John Paul Stevens and no one can really know where she will be on the ideological spectrum. Nor is the confirmation process likely to provide a clue.
There have been many articles in the press about how she faces a tough confirmation fight and the issues that might be raised to challenge her. Those pre...
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