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Criminal Law

: Sentencing Law and Policy

Is sexual orientation directly relevant to judicial philosophy and SCOTUS duties?

By Douglas A. Berman

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The question in the title of this post is prompted by this (important?) new Washington Post article, which is headlined "White House complains about CBS News blog post saying that possible Supreme Court nominee is gay."  Here is how the article begins: The White House ripped CBS News on Thursday for publishing an online column by a blogger who made assertions about the sexual orientation of Solicitor General Elena Kagan, widely viewed as a leading candidate for the Supreme Court. Ben Domenech, a former Bush administration aide and Republican Senate staffer, wrote that President Obama would "please" much of his base by picking the "first openly gay justice." An administration official, who asked not to be identified discussing personal matters, said Kagan is not a lesbian...continue to full post

Full post as published by Sentencing Law and Policy on April 16, 2010 (boomark / email).

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