In U.S. Solicitor General Elena Kagan, President Barack Obama has found the ultimate stealth nominee. Typically, the judicial confirmation process for those selected for the U.S. Supreme Court consists of an examination of a nominee’s prior legal decisions, speeches, articles written for prominent legal journals, and other examples, presumably, of their thinking about the law and the U.S. Constitution.
Kagan, the former dean of the Harvard Law School, is a policy wonk and an academic with very little practical legal experience. As a result, the record available for examination is very thin.
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