Elena Kagan’s Supreme Court Nomination

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Dr. Kermit Roosevelt
Professor of Law
University of Pennsylvania

•Researches and teaches constitutional law and conflict of laws.
•Former clerk to Supreme Court Justice David Souter
•Author of “The Myth of Judicial Activism: Making Sense of Supreme    Court Decisions

“Elena Kagan looks like the moderate pick when compared to the more centrist Merrick Garland and Diane Wood, who is more liberal.  She won't face quite as easy a confirmation process as Garland would have, but she'll have an easier time than Wood, in part because she doesn't have a record of decisions to attack.  The main challenges for Kagan will likely have to do with her lack of judicial experience and her support of Harvard's policy of excluding military recruiters from campus.”