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Legal Commentary

: Althouse

"In Kagan, it seems to me we have reached a new level of utter blankness."

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Says Andrew Sullivan:
Her entire career has been about never taking a stand on anything of any substance - free coffee for students! - while networking in a way to neutralize any conceivable opposition. And she is walking back from her earlier demands for more clarity and transparency in Senate confirmation hearings. Josh notes that liberals are worried about an Obama Souter.
Souter was the old level of utter blankness.
I just don't believe that Obama is that prone to risk.
That should mean that Obama secretly knows what she's about and is hiding it from us. But that wouldn't make Kagan an "Obama Souter." Souter was appointed by a President ? George H.W. Bush ? who thought he was getting something quite different. Here's a New York Times article from the time of the Souter nomination (before his ascension to the Supreme Court):
John H. Sununu, the White House chief of staff, said today that he had assured President Bush that David H. Souter would uphold conservative values on the Supreme Court.... 
''I was looking for someone who would be a strict constructionist, consistent with basic conservative attitudes, and that's what I got,'' the chief of staff said in an interview. ''I was able to tell the President that I was sure he would do the same thing when he encountered Federal questions....

The chief of staff's comments were designed to advance the overall White House strategy of seeking to convince conservatives that Judge Souter was their kind of man, who could be trusted to vote ''right'' on the big issues, without getting him involved in fierce debates about abortion or flag burning or other contentious specifics.

In being unusually candid about the details in the selection process, Mr. Sununu was carrying out his role as Mr. Bush's primary liaison to the right wing of the Republican Party and to the ideological groups that support Mr. Bush but are nervous about the commitment to their issues.
Back to Sullivan:
I predict that if confirmed, [Elena Kagan is] much more likely to surprise on the left than on the right...
That would be Souterific.

Full post as published by Althouse on May 13, 2010 (boomark / email).

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