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Wednesday, May 12, 2010 8:00 AM

Updated at 3:15 p.m. to include one late respondent.

In our informal poll of SCOTUS-watchers, experts predict Elena Kagan will face criticism for just a few issues, chief among them her opposition to military recruitment on campus and her lack of judicial experience. President Obama announced Monday that Kagan, the current solicitor general, will be his pick to replace retiring Justice John Paul Stevens.

Most respondents -- 16 out of 19 -- say her decision as dean of Harvard Law School to ban military recruitment at the campus career services center will be the main sticking point. Kagan was reacting to the military's "don't ask, don't tell" policy.

"Numerous senators cited Kagan's extreme actions as dean of the Harvard Law School as the primary reason to oppose her to be solicitor general," one respondent wrote. "This will become an even bigger issue in the confirmation battle in the Senate Judiciary Committee and on the Senate floor."

Other issues that experts predict could come up include her lack of experience outside academia (she has never been a judge) and what one respondent described as her support for "relatively strong executive authority."

The experts also overwhelmingly predict yes votes from both Sens. Lindsey Graham, R-S.C., (who was the only Republican Judiciary Committee member to vote in favor of Sonia Sotomayor last year) and Arlen Specter, D-Pa., (who voted against Kagan for solicitor general). "He's a Democrat now, and all or almost all Democrats will vote for her," one respondent said of Specter. "The ones who might not vote for her don't come from the Northeast." Thirteen of 19 respondents predicted "yea" votes from both senators. Five experts said Graham would vote no, and none said Specter would vote no.

Several respondents complained there isn't a "clear enough record of her views," while one noted that's "also what will make her easier to confirm, ironically."

See comments and a list of participating experts after the jump.

Military recruitment:

"The only salient issue for Kagan is her record on military issues, but it will barely cause a ripple."

"Republican senators will focus on her opposition to the Solomon Amendment."

"Positions and actions she has taken both as dean of Harvard Law School and as solicitor general... have no solid basis in the law but rather appear based on her own political and personal views."

Not enough judicial experience:

"Lack of judicial experience (though I think this is more smoke than substance)."

"One year on the job as solicitor general and two years of private practice does not give Kagan the requisite legal experience for the highest court in the land. Comparisons will be made to President Bush's failed nomination of Harriet Meirs."

Graham Votes Yes:

"She ought to be a considerably easier vote than Sotomayor. Unlike Sotomayor, Kagan has no established record of hostility to the Second Amendment, no record of trying to manipulate the legal system to support illegal racial preferences, and no record of touting her own superiority because of her race or gender."

Graham Votes No:

"Graham will likely vote against her given that she kicked military recruiters off the Harvard Law School campus."

"I would bet that Graham will vote no on the process issue and he will demand direct answers to questions before he can vote for this controversial nominee."

Specter Votes Yes:

"Specter will try to out-Democrat other supporters and will come out early for her nomination."

"He's a Democrat now, and all or almost all Democrats will vote for her. The ones who might not vote for her don't come from the Northeast."

Poll respondents were: Dahlia Lithwick, Slate senior editor; Adam White, attorney and writer in Washington; Jeffrey Segal, professor and chair of the political science department at Stony Brook University; Bradley Joondeph, Santa Clara University law professor; Brian Darling, director of Senate relations at the Heritage Foundation; David B. Kopel, research director for the Independence Institute and adjunct professor at Denver University Sturm College of Law; Richard Primus, University of Michigan law professor; John Elwood, former assistant to the solicitor general, former clerk to Justice Anthony Kennedy and Volokh Conspiracy blogger; William Marshall, University of North Carolina law professor; Carl Tobias, University of Richmond law professor; Richard Garnett, Notre Dame Law professor; Curt Levey, executive director of the Committee for Justice; Geoffrey Stone, University of Chicago law professor; Cristina Rodriguez, New York University law professor; Wendy Long, former general counsel to the Judicial Crisis Network; Lee Epstein, Northwestern law professor; Rachel Brand, former assistant attorney general for legal policy; Doug Kendall, founder and president of the Constitutional Accountability Center; and Stuart Taylor Jr., National Journal columnist.

3 Responses

daling

Tuesday, September 27, 2011

what a wonderful article. i loved the whole thing. i will start to follow this post for sure. thanks 時計 コピー
 

df34dfg

Tuesday, December 27, 2011

Doug Kendall, founder and president of the Constitutional Accountability Center; and Stuart Taylor Jr., National Journal columnist lvaghubko sg tdeksuirr

Edward

Wednesday, April 4, 2012

Thanks for posting such a good article showing this delicate problem. There is always some disagreement when it comes to gays and their establishment in life.

 

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