Whenever there’s a Supreme Court vacancy, speculation begins as to who will be the next lucky Justice…
This includes articles that appear to be promoting specific candidates, such as the one in the Times about Solicitor General Elena Kagan.
What’s interesting about the piece is that there’s very little good news about Ms. Kagan.
Despite her flattery of Justice Scalia and her arguments with Chief Justice Roberts, Kagan lost the Citizens United case, which opened the door to more corporate funding and corruption in political campaigns. It was a case that saw the Supreme Court overturn 100 years of case law to provide corporations with a specious right to “free speech”.
That loss was ascribed to Kagan’s decision to switch arguments midway through the case.
So it’s difficult to see why she should be a Justice, or even continue as Solicitor General.
Losing the most important case of the year is not a good recommendation for rallying the Democratic political establishment behind a nomination.
Gorilla says: “Leaks can help, or they can hurt!”
