Robert Alt on Elana Kagan
The Heritage Foundation | May 28, 2010
President Obama’s Supreme Court nominee, Elena Kagan, has no judicial experience, paltry courtroom experience and an almost non-existent paper trail. But the limited experience she does have points left.”Perhaps most troubling,” writes Heritage legal scholar Robert Alt, “is Kagan’s praise for a vision of constitutional law that she describes as demanding ‘above all else’ an earnest care for the ‘despised and disadvantaged’…Both expressions sound remarkably unlike the oath of office for a Supreme Court justice, which states, ‘I will administer justice without respect to persons, and do equal right to the poor and to the rich.’” Senators must use the constitutionally-mandated advice and consent process to carefully determine whether Kagan believes in “equal justice before the law” or empathy.
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