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

Publication Title

Washington University Law Review

Authors

Eric J. Segall, Georgia State University College of LawFollow

Document Type

Article

Publication Date

1-1-2010

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.

Comments

External Links
Westlaw
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SSRN

Recommended Citation

Eric J. Segall, What Elena Kagan Could Have & Should Have Said (& Still Have Been Confirmed), 88 Wash. U. L. Rev. 535 (2010).

Institutional Repository Citation

Eric J. Segall, What Elena Kagan Could Have & Should Have Said (& Still Have Been Confirmed), Faculty Publications By Year 1681 (2010)
https://readingroom.law.gsu.edu/faculty_pub/1681

Volume

88

Issue

2

First Page

535

Last Page

542