June 2, 2010

MARK TUSHNET:

I mentioned Elena Kagan in this post because my sense — based on no inside information, of course — is that her selection reflects a strategic calculation by President Obama similar to FDR’s. What the President wants is a Supreme Court that will stand aside when or if Congress enacts the programs the President favors, and is relatively indifferent to his nominees’ views on other questions.

Read the whole thing.

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