On DOJ brief undermining Defense of Marriage Act case while SG, Kagan says: I was involved, but was not the decisionmaker. Won’t say more.

Kagan on “penumbras and emanations”: Rights must have textual basis, so I don’t agree with Douglas’s penumbras approach in Griswold. Would rely on Due Process clause. [EW: Due Process clause, if interpreted (as Kagan does) to enable freewheeling substantive due process, is not more determinate than penumbras.]