April 17, 2010

SHE DID GO TO THE RIGHT SCHOOLS AFTER ALL:

Kagan Gets Fire From Left: White House Responds (Michael Kranish, 16 April, 2010, Countercurrents.org)

Kagan enjoys broad support from a range of scholars
and legal specialists. But some academics and activists are raising
concerns that, if confirmed to replace Associate Justice John Paul
Stevens, she would be inclined to compromise with conservatives and pull the Supreme Court further to the right. [...]

A chief complaint from liberals stems from her statement during her 2009 confirmation hearing to be solicitor general, during which she agreed with a Republican senator, Lindsey O. Graham of South Carolina, who said the government could hold suspected terrorists indefinitely without trial.

Fighting such detentions has been a major cause of many legal scholars, rights groups, and Democrats. She also is paying the price for positions taken by the Obama Justice Department, which has continued to defend Bush administration legal positions on warrantless wiretapping,
detainees, and government secrecy.

"They're upholding all these reprehensible Bush antiterrorism policies
that have been condemned by every human rights and civil liberties
organization in the country,'' said Francis Boyle, a professor of
international law at the University of Illinois. "There has been no
retreat by Kagan. She could have backed off on all these Bush positions and she refused.''

Kagan's 2009 confirmation, however, mostly illustrated how she is
difficult to pigeonhole ideologically.

A Democratic senator, Amy Klobuchar of Minnesota, marveled during
hearings that Kagan had "managed to get a standing ovation from the
Federalist Society at Harvard,'' referring to a conservative group that
believes in strict interpretation of the Constitution.

Posted by Orrin Judd at April 17, 2010 1:08 PM
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