David makes the case that Kagan isn’t the worst imaginable nominee, but Harvey Silverglate, writing in the Boston Phoenix, argues that she’s “shaky” when it comes to civil-liberties issues. Her anticipated defense — that she was just following Obama-adminisration orders — is feeble in light of the fact that a number of previous solicitors general have bucked their administrations when they felt obliged to do so. The anecdote Silverglate relates regarding Eisenhower’s solicitor general, Simon Sobeloff, is worth keeping in mind.

By the way, I’ve written a review of Silverglate’s excellent book Three Felonies a Day, but it isn’t online yet.