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First Thoughts on the Kagan Nom

I’m alarmed by the precedent that a Democratic nominee for Supreme Court cannot have a record on abortion.  Elena Kagan doesn’t have a record on much in the way of any controversial issues, but neither she nor Justice Sotomayor had any obvious pro-choice skeletons in the closet. which is disturbing because — “skeletons in the closet”??  Abortion is still a legal medical procedure.  The fact that Diane Wood voted consistently to uphold this constitutionally protected right should never have disqualified her, and yet it seems pretty clear that that’s what made her unpalatable. Plus, the nomination confirms...

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