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Bench Memos

NRO’s home for judicial news and analysis.

Mea Culpa on the Kagan Standard on Supreme Court Nominees



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In a post last week, I stated that Elena Kagan, in a book review on the Supreme Court confirmation process, “seemed to put a much higher premium on the value—indeed, the apparent necessity—of previous judicial experience than those who now promote her candidacy.” I’m embarrassed to say that I somehow missed a previous passage from the very paragraph that I quoted in which Kagan makes clear her view that a nominee need not have previous judicial experience but may instead “demonstrate the requisite intelligence and legal ability through academic scholarship, the practice of law, or governmental service of some other kind.” My apologies for the error.

I will correct the previous post (and any other posts that relied on it) as soon as I learn how to navigate the exasperating new posting system to which I’m now being subjected.



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