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Initial reaction to Kagan nomination



I've been on the radio most of the day discussing Elena Kagan's nomination to the Supreme Court. Here's the first of several written comments I've been working on -- as Goodwin Liu would say -- interstitially.

Update: My friend Matt Marcotte corrects my interpretation of the Founders' views of the confirmation process; while my characterization is correct vis-a-vis Hamilton, others of the constitutional framers held very different viewpoints. See Matt's very interesting article discussing the history of the advice and consent power here.

Update 2/ Correction: In this instant-reaction piece, I somehow put down "48 years" rather than "38 years" as the length of time that had elapsed since a non-judge was appointed to the high bench, notwithstanding that I was born in the year William Rehnquist was nominated. And notwithstanding that I once won a statewide math contest in North Carolina (though I was working on far more sleep that day).

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Rafael Mangual
Project Manager,
Legal Policy
rmangual@manhattan-institute.org

Katherine Lazarski
Manhattan Institute
klazarski@manhattan-institute.org

 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.