Litigation

The Kagan nomination, May 24

By Ted Frank

• The confirmation hearing is scheduled for June 28—which suggests that the Obama administration is worried about what will turn up in the Clinton library documents that will begin to be released June 4 that Senate staff will not have a chance to review. Senator Cornyn's attack on Kagan for her views in Citizens United is legally correct, but a political loser: why blame the executive branch official for taking a position defending a law that Congress passed? Motes and specks, etc. Meanwhile, Cornyn's appearance on Meet the Press did not garner a single question about the Kagan nomination, possibly because genius Rand Paul is sucking up all the media oxygen.
• Kagan called lawless Israel Supreme Court justice Aharon Barak her "judicial hero." [Whelan; Posner]
• WaPo resorts to ever more trivial means of covering the blank-slate nominee. [Mediaite; WaPo]

Full post as published by Point of Law on May 24, 2010 (boomark / email).