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Estrada and Taylor on Kagan
Posted By Mark Moller On May 12, 2010 @ 10:35 am In General,Law and Civil Liberties | Comments Disabled
Kagan gets an endorsement from superstar conservative appellate litigator and Bush II appellate nominee (also my old boss) Miguel Estrada here [1] (see last paragraph).
Plus, Stuart Taylor says [2] Kagan’s nomination could mean a more conservative Court:
Commentators on the left . . . complain that Kagan never compiled much of a record of aggressively championing liberal causes during her years as a law professor. Some say she was too friendly as dean of Harvard Law School to conservatives and did not recruit as many women and minorities for the faculty as diversitycrats desired.
Speaking as a moderate independent, I like everything about Kagan that the left dislikes. To borrow from my friend Harvey Silverglate, a leading Boston lawyer who champions both civil liberties and an old-fashioned liberal’s brand of political incorrectness, ‘they want people who look different but think alike.’
Kagan seems to be a woman who thinks for herself.
Taylor also highlights what many libertarians will find most troubling about her record (other than strong hints of her lack of sympathy, albeit predictable for a Democratic nominee, with the litigation interests of the business community): her apparent endorsement of the Bush administration’s legal framework for detention of enemy combatants.
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URLs in this post:
[1] here: http://www.nytimes.com/2010/05/11/us/politics/11judge.html
[2] Stuart Taylor says: http://www.theatlantic.com/politics/archive/2010/05/kagan-may-mean-a-more-conservative-court/56455/
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