Legal Commentary

Miguel Estrada Writes in Support of Elena Kagan?s Confirmation

By Eugene Volokh

Estrada, you may recall, is the brilliant conservative lawyer whose nomination for the D.C. Circuit was blocked by Democrats early last decade; his letter supporting the nomination of Elena Kagan ? whom he knows from law school ? is here. The letter is quite substantive and graceful, as is to be expected from Estrada, and bears reading. Here?s one passage:

[I]t brings no credit to our government, and risks affirmative harm to our courts, when our elected representatives simply swap talking points ? emphasizing the same considerations they previously minimized or derided ? only to revert to their former arguments as soon as electoral fortunes turn.

And one more: ?As has often been said, though rarely by senators whose party did not control the White House at the time, elections have consequences.?

Thanks to How Appealing for the pointer.

Full post as published by The Volokh Conspiracy on May 14, 2010 (boomark / email).