On Judicial Ethics And Temperament

by Pejman Yousefzadeh on May 14, 2010

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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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