Kagan Not a Fan of Limited Government, Natural Rights, or Even the Declaration of Independence

Townhall.com Staff

6/30/2010 7:29:20 PM - Townhall.com Staff
By Ilya Shapiro

It’s been a long couple of days of hearings—three days, really, if you count Monday’s prepared statements (which I do because I had to read them all after a day of responding to big Court decisions)—and I’m still trying to separate in my mind the issues I care about from those less important and trying to remember some of the lighter moments that will color people’s recollections of these proceedings for decades.  As I gradually sift through my notes and review key sections of testimony, here are some things that will stick with me:

I do not yet know how I would counsel a senator to vote on Kagan’s nomination—she’s more than qualified in terms of legal knowledge, indeed better qualified in terms of temperament than to be solicitor general—but I know that I’m disturbed by much of what I’ve witnesses lo these last 48 hours.  Last year at this time I suggested that the argument for Sonia Sotomayor’s confirmation was “not proven”; she was fine at her hearings but did not carry her burden of persuasion.  That may well be the case again.