Bench Memos

Andrew Sullivan’s Question About Kagan

Andrew Sullivan wants to know whether Elena Kagan is “gay,” and he complains that “no one in the administration will tell us definitively.”  But the White House has already emphatically rejected that rumor about Kagan, and I see no reason not to accept its word on the matter.  I’ll add that several folks who know Kagan well have made clear to me that they’re confident that the rumor is false. 

Kagan—like many other folks, both straight and gay—has been vocal in support of gay rights.  In the realm of gay rights as in other realms, the issue that ought to be central to the merits of her nomination is whether she will separate her interpretations of the law from her policy preferences.  It is on that score that I have my serious doubts (as outlined in point 6 of this post and the links therein).

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