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May 10, 2010


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"These were Professor Kagan's views once upon a time; we shall see if they remain so."


Of course she will run away from her ivory tower maundering. Only an academic could have written such nonsense and be taken seriously -- unless, of course, she just has a bone-dry sense of humor, in which case, kudos to her.

A better post would ask people to guess at what bullshit she will offer to explain why she will under no circumstances specify her actual views on any issue of substance (without committing the political gaffe of saying "I won't answer that because I would rather be confirmed, Senator.")

First possible explanation: "Oh god, I was so high when I wrote that. But that was how I rolled in the nineties, you know."

Second explanation: "Eventually, I realized that neither the public nor the Senate actually thinks rationally about constitutional issues, so the whole idea of 'enhancing their ability to make reasoned choices' was revealed to be an obvious waste of everybody's time. Whew, huh? But I would be, like, totally happy to answer any question you might want to ask about my immense love for this fine country or my boundless respect for the Senate and the Senate's crucial constitutional role in filling up dead air time on CSPAN."

Jacqueline Lipton

This is kind of peripheral, but I was irritated when I read a quote from the LA Times online (,0,7029735.story) noting that President Obama described Kagan as a "trailblazing lady". I may be overly sensitive here, and she may well be a "trailblazing lady", but would it have been so difficult for the president to refer to her as a "person" or a "lawyer" rather than a "lady"?


Well, that was quick.

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