The Kagan confirmation hearings begin today. You can watch C-Span's live streaming coverage here. Any plot twists in this show?
From Real Clear Politics:
Democratic senators are planning to put the right of citizens to challenge corporate power at the center of their critique of activist conservative judging, offering a case that has not been fully aired since the days of the great Progressive Era Justice Louis Brandeis...They will be pushing the narrative away from the hot-button social issues that have been a distraction from the main game: the use of the Supreme Court as a redoubt against progressive legislation, the right of plaintiffs to call corporations to account before juries, and the ability of the political system to protect itself against corruption.And it's unfortunate George Will isn't on the Senate Judiciary Committee, because he's got a lot of questions, including:
You have said: "There is no federal constitutional right to same-sex marriage." But that depends on what the meaning of "is" is. There was no constitutional right to abortion until the court discovered one 185 years after the Constitution was ratified, when the right was spotted lurking in emanations of penumbras of other rights. What is to prevent the court from similarly discovering a right to same-sex marriage?
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