Thursday, April 15, 2010

Chalicechick's theory on Elena Kagan

Solicitor General Kagan gets a lot of grief for being too conservative for Obama to pick her. I don't think she necessarily is, it is just that she has been running for the job of "Supreme Court Justice" for a really long time. As a potential Supreme Court Justice, she's not talking about her opinions on anything.

Except now she's the Solicitor General, and she has to talk about that. The Obama administration has adopted the Bush/Cheney theory of executive power, and Kagan has been repeatedly asked to defend that and has done so. But my guess is that her actual views, if not those on executive power on other things, are probably a lot more liberal than she gets credit for.

who would love to see Leah Ward Sears, would be quite happy with Diane Wood, but doesn't think Kagan is a bad third choice.

1 comment:

LinguistFriend said...

Your statement that the Obama administration has adopted the Bush-Cheney view of executive power is important. I have noted some policies (e.g. warrantless wiretapping) in which I was uneasy to see continuity between the previous administration and that of Obama, but I had not perceived them as part of a general policy as you have done, perhaps because I have had other things on my mind. Further comments on this issue would be worthwhile.