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The Democratic Senate should refuse to vote for Neil Gorusch—or any Trump Supreme Court nominee—until the GOP holds hearings and votes on Merrick Garland. If the GOP calls their bluff, and defeats Garland, they should demand that Trump only nominate someone mutually agreed to by the Senate Democratic and Republican leaderships. That is, a highly qualified moderate Republican. […]
As Glenn Greenwald points out, skepticism about the Kagan appointment issuing from anyone left of Miguel Estrada (who by the way thinks Kagan is a terrific pick) has been met with the sort of response engendered by essentially tribal loyalties. “Our” team’s captain has made his decision, and now it’s time for everybody to get […]


On May 11, 2010

The controversy, such as it is, over Elena Kagan’s nomination throws several points into relief: (1) The extent to which legal academia is an intellectually bankrupt and politically corrupt insi

Qualified support

On May 10, 2010

I just did an NPR show with UC-Irvine dean Erwin Chemerinksy about the Kagan nomination. Some of the tepid quality of the support for Kagan is illustrated by the fact that, in the talk radio debate fo

Some thoughts on the impending nomination. The wildly contrasting impressions about Kagan can be easily reconciled if one assumes that people who know Kagan are simply projecting their own political inclinations and commitments onto her. This is an extremely common phenomenon: if you like someone and believe she is fundamentally a good and fair-minded person, […]
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