Cornyn: What role do evolving norms have in constitutional interpretation? Kagan: Tradition is most relevant to substantive due process. Cites Rehnquist’s approach in Glucksberg. (Seems to say that she agrees with Rehnquist’s considerations, but filled with wiggle words.)

On Solomon Amendment: Kagan agrees that she could have made exception to HLS policy for military recruiters. Kagan saw “real imperative” to uphold HLS policy. Cornyn: What impact other than stigmatizing military? Kagan: Not purpose.

Commerce Clause: Cornyn quotes Kagan memo from White House days critical of Lopez.