Month: May 2010

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Responding to attempts to analogize Elena Kagan to Harriet Miers — which are certainly problematic in several respects — Matt analogizes Elena Kagan to John Roberts. I think this analogy, however, is at least equally problematic. First of all, Roberts did have a judicial track record in the federal appellate courts. But even more importantly, […]

Whiff

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On May 9, 2010
Apparently, Elena Kagan will be nominated for the Supreme Court.   I will go into more detail about this later, but there shouldn’t be any sugarcoating — it’s a poor choice.    One way of seeing this is to examine Marty Peretz’s attempted defense.   Boil off the usual add homienems and you’re left with no actual real […]

One More Kagan Point

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On May 8, 2010
To follow up on one point raised by Paul, I was genuinely puzzled by this post by Ilya Somin. This isn’t because I disagree with his argument that being an outstanding dean doesn’t require one to be an outstanding scholar. Rather, my puzzlement comes from the opposite direction: I would have thought that it’s obvious […]
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