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As Kagan confirmation hearings are set begin, do sentencing fans have any new SCOTUS insights?

By Douglas A. Berman

Elena Kagan is the first SCOTUS nominee in a long time without any judicial record and without any history of engagement in criminal justice matters.  In light of that reality, the run-up to her confirmation hearings have been largely devoid of any blog-worthy discovery or discussions.  And I suspect and fear that the hearings as well will have precious little discussion of criminal justice issues.  (Because the Supreme Court is going to hand down the McDonald incorporation rulings next week, the Second Amendment will surely get some play during the hearings, though I anticipate Kagan dancing around tough questions by saying she agrees that there are individual gun rights but they must be subject to reasonable restrictions.) But perhaps I have missed some hidden nugget or lurking story-line concerning Kagan and criminal justice in the (seemingly tepid) media coverage of her back-story...continue to full post

Full post as published by Sentencing Law and Policy on June 25, 2010 (boomark / email).