Bankruptcy

A Case Against Kagen

By mcbride

Here is an interesting article which presents a cogent case against Supreme Court nominee Elena Kagen, but what makes this interesting and rare is the author?s perspective.  Here is a sample: ?Second, I believe Kagan’s absolute silence over the past decade on the most intense Constitutional controversies speaks very poorly of her.  Many progressives argued (and I certainly agree) that the Bush/Cheney governing template was not merely wrong, but a grave threat to our political system and the rule of law.  It’s not hyperbole to say that it spawned a profound Constitutional crisis. 

Recognizing the severity of this radicalism, numerous legal academicians used their platforms — and created new ones — to protest vocally and relentlessly.  Former OLC official and Georgetown Law Professor Marty Lederman blogged on a virtually daily basis about the extremism and lawlessness of Bush’s policies.  Former Acting OLC Chief and Indiana University Law Professor Dawn Johnsen wrote article after article decrying the lawlessness and demanding greater public outrage.  Georgetown Law Professor Neal Katyal — Kagan’s not-at-all-progressive Deputy Solicitor General — was so appalled by Bush/Cheney extremism that he spent a huge number of hours working pro bono representing Osama bin Laden’s driver all the way to the U.S. Supreme Court, where he succeeded in having Bush’s military commissions declared illegal and the Geneva Conventions held applicable to all detainees — in a decision written by Justice Stevens (and, like Johnsen and Lederman, Katyal has a long record of written analysis on a whole litany of key legal controversies, including vehement opposition to many aspects of the Bush/Cheney assault).

Where was Elena Kagan during all of this??  The author notes that if nominated (this was written before her nomination), she will be confirmed.  Here is a link: http://www.salon.com/news/opinion/glenn_greenwald/2010/04/13/kagan

Michael

Full post as published by Texas Lawyer Blog on May 13, 2010 (boomark / email).