Litigation

Initial reaction to Kagan nomination

By James R. Copland

I've been on the radio most of the day discussing Elena Kagan's nomination to the Supreme Court. Here's the first of several written comments I've been working on -- as Goodwin Liu would say -- interstitially.

Update: My friend Matt Marcotte corrects my interpretation of the Founders' views of the confirmation process; while my characterization is correct vis-a-vis Hamilton, others of the constitutional framers held very different viewpoints. See Matt's very interesting article discussing the history of the advise and consent power here.

Full post as published by Point of Law on May 10, 2010 (boomark / email).