Ethics

The article below says that the Deputy White House Counsel was working against the nomination of Elena Kagan, a faculty member from the same law school, for the Supreme Court.

http://abovethelaw.com/2010/05/more-clues-that-it-will-be-kaganjudge-wood-learned-yesterday-that-she-isnt-the-nominee/

I have no idea if this is true.  In fact I suspect that it is not true because professors on leave from universities should not get involved in government personnel matters concerning other professors (whether or not also on leave) who teach at the same University.  See generally 18 USC 208.  This is an ethics issue worth considering given the number of professors going into government while retaining ties to their institutions (a practice that is normally forbidden for government employees coming from the private sector who are required to sever all ties).

It is important to emphasize that this issue has no bearing on the merits of Kagan's nomination, and should not become yet another ethics "side show" in Supreme Court confirmation hearings.