Magazine June 7, 2010, Issue

The Blankest Slate

President Obama and Supreme Court nominee Elena Kagan (Andrew Harrer/Bloomberg via Getty Images)
Let the Senate inquire into Elena Kagan’s suppressed judicial philosophy

In announcing his decision to nominate Elena Kagan to the Supreme Court, President Obama hailed Kagan’s supposed choice of the Citizens United campaign-finance case as “her very first case to argue before the Court” as solicitor general: “I think it says a great deal about her commitment to protect our fundamental rights, because in a democracy, powerful interests must not be allowed to drown out the voices of ordinary citizens.”

Like his State of the Union demagoguery about the Citizens United ruling, Obama’s spin suffers from a few flaws that render it, as Justice Alito might say, “not true.” First, Citizens

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