On Crime and Consequences, Kent Scheidegger points out that Solicitor General Elena Kagan was AWOL in Graham v. Florida, even though the question in the case clearly had potential—and, as it turns out, actual—implications for the provisions of federal law that authorize sentences of life without parole for nonhomicide juvenile offenders and for those federal offenders currently incarcerated under such sentences. Was it politically convenient for Kagan to sit this case out? Or was there some good reason?
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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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