The Effective Case Against Kagan
By Made by Charlie Savage:
Most of the half-dozen or so candidates Mr. Obama is weighing have little by which to gauge whether their appointment might create a majority with greater sympathy for the White House.
But one, Judge Diane P. Wood of the United States Court of Appeals for the Seventh Circuit, has expressed doubts about claims of sweeping executive powers in national security matters. Another, Solicitor General Elena Kagan, has a history of advocating for presidential powers in domestic matters, along with a mixed record of statements on counterterrorism issues.
I’ve become more and more convinced that Wood is the best candidate on what seems to be the short list. And given the Court’s current makeup, a significant possibility that a judge could join the Court’s reactionary wing on arbitrary executive power cases should pretty much be a disqualifying factor.
UPDATE: More from Evitar and Wheeler.