Essentially, among people who don't think that the Supreme Court's perspectives should range only from "Rockefeller Republican" to "Newt Gingrich Republican," there have been two excuses for nominating Elena Kagan in a context that would permit a much more clearly liberal nominee. The first of...
Obama’s Supreme Court nominations
One the one hand, I agree with Rosen here, with the major caveat that "more substantive that the last three hearings" is a bar comparable to a major league team.
I guess she will be a judge in the same tradition as Louis Brandeis, in the same sense that Vincente Padilla is a "Dodgers Opening Day starter" in the tradition.
I have a piece up at TAP that sums up my position on the Kagan pick. What I see as the core of the argument: But it must also be noted that plenty of candidates, including all of the other members of Obama’s shortlist, exceeded...
I'm not saying that she will be as bad as the endorsement suggests. But let's be frank: when you're a Democratic president with 59 votes in the Senate and you.
Responding to attempts to analogize Elena Kagan to Harriet Miers -- which are certainly problematic in several respects -- Matt analogizes Elena Kagan to John Roberts. I think this analogy,.
Apparently, Elena Kagan will be nominated for the Supreme Court. I will go into more detail about this later, but there shouldn't be any sugarcoating -- it's a poor choice. One way of seeing this is to examine Marty Peretz's attempted defense. Boil off the...
To follow up on one point raised by Paul, I was genuinely puzzled by this post by Ilya Somin. This isn't because I disagree with his argument that being an.
I was commissioned by my editors at the Prospect to write an article about Diane Wood. While I was polishing it, someone in our comments linked to an excellent Green.
This Charlie Savage article about the politics of Obama's Supreme Court nominations starts off by reminding us that attempting to preempt conservative claims that a Supreme Court nominee is a radical "judicial activist" is a waste of time, since anybody to the left of Sam...
Apparently, when it's the public release of the papers of a Nixon appointee to the Supreme Court. To wit: For example, while Judge Garland has not often dealt with social.
Over at the Prospect I make the case for nominating an actual liberal for the Supreme Court. In particular, there's no political reason for not doing so: It might be.