Litigation

The Kagan nomination, June 12

By Ted Frank

• WaPo take on the first batch of memos and the second batch of released memos. Note the analog to e-discovery: the electronic records—tens of thousands of emails where Kagan did not annotate in pen—remain unreleased, but the Clinton administration has released more documents for Kagan than the Reagan administration did for Alito or Roberts. That's not because the Reagan administration was more secretive, but because the late 1990s generated many more documents than the 1980s did, increasing the expense of discovery costs in the process.
• Impasse over scheduling of hearing, which is two weeks away with 80,000 or so emails remaining unreleased. [Levey]
• Sessions and Kyl point to Kagan memos for Marshall as examples of results-oriented jurisprudence, though the evidence they use is thin: the adjective "not sympathetic" can also mean unsympathetic to the legal strength of an argument. [Bloomberg]
• Documents about Kagan's views on Jones v. Clinton withheld from public, though not Senate Judiciary Committee. [AP]
• The Clinton documents show Kagan's support for a narrowly-threaded needle in the infamous Piscataway Board of Education v. Taxman case. [Crawford @ CBS]
• Good biographical feature. [WaPo]

Full post as published by Point of Law on June 12, 2010 (boomark / email).