Legal Commentary

Specter On The Kagan Nomination

By Big Tent Democrat

Link:

There is no doubt that Elena Kagan has exemplary academic and professional credentials. And she has been a pioneer for women, serving as the country’s first female Solicitor General and as the first woman to be Dean of Harvard Law School. I applaud the President for nominating someone who has a varied and diverse background outside the circuit court of appeals.

I voted against her for Solicitor General because she wouldn't answer basic questions about her standards for handling that job. It is a distinctly different position than that of a Supreme Court Justice. I have an open mind about her nomination and hope she will address important questions related to her position on matters such as executive power, warrantless wiretapping, a woman’s right to choose, voting rights and congressional power.

(Emphasis supplied.) I would add a question on Dickerson v. US ("Congress may not legislatively supersede our decisions interpreting and applying the Constitution. [. . .] we conclude that Miranda announced a constitutional rule that Congress may not supersede legislatively. Following the rule of stare decisis, we decline to overrule Miranda ourselves.")

Speaking for me only

Full post as published by TalkLeft on May 10, 2010 (boomark / email).