Kagan’s Handwritten Notes to Bell on Critical Race Theory
by Joel B. Pollak:
As Solicitor General, Kagan cheered when Obama seized a national “crisis” to pass unrelated legislation whose goal is to create an effective right to health care. She has not recused herself from the subsequent Obamacare case, as she has from today’s suit over Arizona’s immigration law, in which her “skillful lawyering” played an important role.
If Obama is re-elected, Kagan could be part of the “more liberal court” Bell envisioned–and great changes in constitutional jurisprudence could be the result.
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