Litigation

The Kagan nomination, May 19

By Ted Frank

• Kagan responds to the Senate Judiciary Committee questionnaire. [SCOTUSreport, supplements]
• I still don't think a 20-year-old's senior thesis tells us very much, but one can perhaps take solace from the fact that Kagan criticized the Warren's court's lawlessness. Or not. The scorekeeping of Kagan's Marshall memos in the WSJ piece is really grasping at straws: the Court rejects certiorari in the vast majority of cases, and that Kagan recommended a rejection of cert in several members of that set hardly tells us anything. [WSJ]

• York and Whelan weigh in on the discussion of how Republicans should handle the Kagan nomination. Tit for tat, or make a second effort at truce?

Full post as published by Point of Law on May 19, 2010 (boomark / email).