In response to a post of mine yesterday about Kagan and the Bork hearing, a couple of readers have told me that they think that I misconstrued Kagan’s remarks and that Kagan meant merely (or at least may reasonably be assumed to have meant merely) to celebrate the open discussion of constitutional issues. On re-review of her “Confirmation Mess” article, I think that they’re right. My sincere apologies for the inadvertent (but, I now see, sloppy) error.
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About the Author
Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
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