On Judicial Ethics And Temperament

by Pejman Yousefzadeh on May 14, 2010


In what parallel universe is it appropriate for Elena Kagan to be commenting on her view of Citizens United, other than to note that it is settled law? I know that we want to see more specificity from Supreme Court Justices–I have called for that ever since the Kagan nomination, and I don’t back away from that–but as we all know, a Justice Kagan may well hear a case on campaign finance regulations. Why is she putting herself in a position where she may be accused of prejudging such a case?

And in what parallel universe is it appropriate for Kagan to diss a potential colleague to a Senator, just so she can curry favor with that Senator?

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