What Elena Kagan Could Have and Should Have Said (and Still Have Been Confirmed)

8 Pages Posted: 6 Oct 2010 Last revised: 16 Nov 2010

See all articles by Eric Segall

Eric Segall

Georgia State University College of Law

Date Written: October 5, 2010

Abstract

During her confirmation hearings, Justice Kagan backed away from numerous critical comments she had previously made about the nomination process. No one knows why she changed her mind but it is likely that the shift resulted more from a political calculation than a change of heart about the nature of the process. This Commentary suggests that Justice Kagan could have testified consistently with her previously expressed views and still have been confirmed.

Keywords: Kagan, Supreme Court, Confirmation, Judicial Confirmation, Judicial Nomination, Elena Kagan, Supreme Court of the United States, Supreme Court Justices

JEL Classification: K00, K40, K49

Suggested Citation

Segall, Eric, What Elena Kagan Could Have and Should Have Said (and Still Have Been Confirmed) (October 5, 2010). Washington University Law Review, Forthcoming, Georgia State University College of Law, Legal Studies Research Paper No. 2010-17, Available at SSRN: https://ssrn.com/abstract=1687972

Eric Segall (Contact Author)

Georgia State University College of Law ( email )

P.O. Box 4037
Atlanta, GA 30302-4037
United States

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