As I write this post President Obama's SCOTUS nominee, Solicitor General Elena Kagan, is lying her pants(uit) off in her hearing before the Senate Judiciary Committee. To hear her tell it, her judicial philosphy is somewhere between Roberts and Scalia. Keeping military recruiters out of Harvard? No, you must be mistaken, she was actually trying to help them!
Alas, her slip is showing - this morning she answered a question about the original intent of the founders. Of course she intends to follow it.... but... there are times when it's "unknowable" and of course the world has changed... So you see, she's an originalist... except when she's not (which will naturally be when she's potentially the tie-breaking vote on a case of fundamental importance to America!
I suppose the best we can say about her is that she's replacing a judge known for rendering "progessive" and "activist" opinions; even so she's likely to be far more ideological than Justice Stevens - and she'll be around for a lot longer. Elections have consequences!
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