Just as we saw after Justice Sotomayor was nominated, the web is teeming with pro- and anti-Kagan articles, blog posts and anecdotes. Times like these demonstrate how incredibly valuable the quick-to-press, divergent view, blogging model has become.
On slow news days, the number of television news channels and newspapers seems staggering, but in truth, airtime and column space is limited, resulting in a tendency for television news and newspapers to highlight the opinions of talking heads that specialize in analysis that is partisan, knee-jerk and decidedly not analytical.
Enter the blogosphere.
Below are a few of the more interesting and (sometimes) well-reasoned blog posts and articles I have seen on the internet regarding Elena Kagan’s nomination to the Supreme Court:
Some questions about Elena Kagan: An article calling Kagan out on her lack of diversity of professors hired while she was Dean of HLS. During that time, she hired 29 tenured or tenure-track professors. Of those, 28 were white and 1 was Asian-American.
Elena Kagan as a scholar: A common talking point about Kagan has become her relative lack of legal scholarship, especially for a professor tenured at University of Chicago and Harvard Law School. Volokh provides a great analysis of the quantity of Kagan’s writings, as well as the quality.
Elena Kagan and gays in the military: This article, by Jeffrey Toobin, actually provides some details about Kagan’s involvement in Harvard Law School’s decision not to allow military recruiters as a result of the military’s “Don’t Ask, Don’t Tell” policy.
The problem with Elena Kagan: A short blog post criticizing Kagan’s approach to the military recruiting issue.
Kagan: “There is no federal constitutional right to same-sex marriage”: Rumors about Kagan’s sexuality have already publicly surfaced. This blog looks at those rumors in connection with a questionnaire she completed after being nominated for Solicitor General in which she stated that the constitution does not include a right to same-sex marriage.
Is Elena Kagan from the Real World?: A Politico article exploring whether Kagan, who is outside the so-called “judicial monastery,” can credibly be said to hail from the “real world.”
Why Hollywood should be very nervous about Elena Kagan: A blog post from The Hollywood Reporter indicating concern over Kagan’s promotion of a liberal view of “fair use” in copyright disputes, most notably in RIAA file-sharing cases.