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President Barack Obama's nominee for the Supreme Court, Elena Kagan, once wrote that Senate confirmation hearings for Supreme Court judicial nominees should explore a "nominee's set of constitutional views and commitments." By all means, let's accommodate her and begin exploring.
We could start with the presumption, given Obama's ideology and judicial philosophy, that any nominee he chooses will be troubling for advocates of judicial restraint and interpreting the Constitution according to its original understanding. But let's put that aside for this little exploration.
On my initial research, a number of problematic areas have surfaced. Consider,...
Exploring Kagan
That's right! She is not of the "approved" faith.
Got news for you. If she is an atheist because she is Jewish, then she will not be the first on the Court.