Constitutional Law

Elena Kagan nominated for Supreme Court

And Paul Campos asks whether she is the next Harriet Miers?

It's a very good question. What distinction has she achieved?

As a judge -- zero. Not that I consider that a barrier; the Warren Court boasted some serious intellect, despite only one Justice having sat on a Circuit court (and Justice Black having served a year as a police court judge).

As a lawyer -- virtually none. Two years of being an associate in the big firm. I'd be rather surprised if she has ever tried a case to a jury. She may well have never tried a case, period.

As a legal academic -- Campos points out she got tenure on the basis of a single law review article that was mostly a review of others' research. In twenty or so years since, she published two short articles and two book reviews, that's it.

Heading up Harvard Law, she chiefly distinguished herself by fundraising -- hopefully not a major concern at the Supreme Court level -- and by covering up plagiarism committed by faculty members.

Full post as published by Of Arms and the Law on May 10, 2010 (boomark / email).