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Federal Judiciary

: Southern District of Florida

It's Elena Kagan

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That's the (leaked) word from last night and this morning. Tom Goldstein called it months ago and his coverage over at ScotusBlog is unbelievable. Here's Tom's summary of his recent posts, but there's a whole lot more over there:

1. On February 23, I wrote explaining that Justice Stevens would retire, Justice Ginsburg would not, and the President would nominate Elena Kagan to fill the Stevens seat. Most of the post is devoted to discussing why the President would choose her over other candidates.
2. After Stevens? retirement, on April 27, I returned to the selection, explaining that I continued to believe that the President would select Kagan, albeit for reasons that had less to do with electoral politics than was true in February.
3. On Saturday, we published a very extensive piece on Kagan, discussing both her professional history and claims made for and against her, as well as the breakdown of likely votes in the confirmation process.
4. Earlier this evening, before the announcement leaked, I discussed at length both the likely confirmation process and the substance of the ten principal issues that will be debated by her defenders and opponents.

Item #3 is a 10,000 word essay about Kagan. If you have some time today, it's worth skimming.

In other news, the DBR (John Pacenti) covers the debate about whether PSIs are really needed after Booker. Professor Rick Bascuas said this: "Today's federal probation officers see themselves primarily as law-enforcement agents rather than agents of mercy." Rick has written extensively on the issue here.

Full post as published by Southern District of Florida on May 10, 2010 (boomark / email).