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Tuesday, May 11, 2010

Portrait of Elena Kagan not That Fuzzy

Despite no judicial experience, limited litigation experience, and little expression of judicial philosophy, it is not hard to guess what kind of justice she'd make.

Though Ms. Kagan has not written extensively on the role of a judge, the little she has written is troubling. In a law review article, she expressed agreement with the idea that the Court primarily exists to look out for the “despised and disadvantaged.” The problem with this view—which sounds remarkably similar to President Obama’s frequent appeals to judges ruling on grounds other than law–is that it allows judges to favor whichever particular client they view as “despised and disadvantaged.”
Pair that with her advocacy against the stable, traditional definition of marriage and for the federal funding of abortion, look at her role models of Abner Mikva and Thurgood Marshall, and regardless a demeanor that doesn't spew enough venom for some liberal activists, it is pretty easy to connect the dots as to what kind of justice she'd make: one more active crusader for the perceived despised and disadvantaged.

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