Everyone's Saying It's Kagan For The Supreme Court

Jillian Bandes | May 09, 2010 10:23 AM

Neither conservatives nor liberals are too happy about that. Why? Liberals complain that she hasn't written that many opinions, or worked in a court of law, so they aren't particularly confident in her progressive credentials. What she has written only makes them less confident in those credentials. Via

Salon, here's what she gave during a previous confirmation hearing:

…”war” is the proper legal framework for analyzing all matters relating to Terrorism, and the Government can therefore indefinitely detain anyone captured on that “battlefield” (i.e., anywhere in the world without geographical limits) who is accused (but not proven) to be an “enemy combatant.”

So she thinks terrorism is an act of war. That should make conservatives smile. But then there's her opposition to a law that denies federal funds to universities that don't allow military recruiters on their campuses. And the fact that she's a huge opponent of Don't Ask, Don't Tell. Most importantly, her adherence to the principles of constitutional restraint have yet to be explored publicly — again, because of the paucity of her written legal work.

In short, it's going to be another fun confirmation process.