I’m going to assume that this was just a misstatement on Elena Kagan’s part, but it’s one that I hope she corrects before her confirmation hearings are done. In response to a question from DiFi, Kagan suggested that SCOTUS’ decision in the Hamdi case–which relied on the 2001 Authorization to Use Military Force passed after [...]

Why is it that the New York Times is suddenly up in arms about racial selection and exclusion in Southern Juries, but has no similar lofty concerns about the same inferences about the putative next Supreme Court Justice, Elena Kagan?

Just as a little thought experiment, let’s look how some passages from SCOTUS nominee Elena Kagan’s successful argument in U.S. v. Comstock–in which SCOTUS just voted 7-2 to affirm the federal government’s authority to indefinitely detain sex offenders who are mentally ill–appear when we replace the term “sexually dangerous person” with “terrorist.” (See Adam B’s [...]

Greg Craig, who was ousted from the Obama Administration because he’s too much of a purist on archaic things like the Constitution, reassures us that Elena Kagan is largely a “progressive” in the mold of the guy who ousted him.

When you live in flyover country and have the opportunity to appear on cable, it lacks some of the niceties of the big city: no green room, no professional makeup artist, and sometimes you have to drive yourself to the studio through Detroit’s version of rush hour traffic (yeah, I know, no one works in [...]

The great news just keeps coming. Remember the “new” state secrets policy DOJ announced last year? It basically amounted to a promise that the Attorney General would review any invocation of state secrets to make sure such an invocation was really really secret rather than just sort of secret but really embarrassing, along with a [...]

Elena Kagan is a poor selection to replace Justice John Paul Stevens on the Supreme Court.

Glenn Greenwald has been attacked for making the case against Elena Kagan as a nominee for the Supreme Court on policy and ideology grounds. But neither Greenwald nor the Kagan supporters have addressed the fact Kagan would be effectively the first justice in the history of the Supreme Court to have had no experience whatsoever in court as either an attorney or judge, a critical deficiency in her already thin background.

According to a story by Charlie Savage, if we want to hold the line on executive power, we had better hope Obama doesn’t pick Elena Kagan to be the next SCOTUS justice.

Here’s what two of Obama’s new DOJ nominees had to say about Bush’s OLC.