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Baylor Law Professor Examines Kagan Hearings

June 29, 2010

Osler said it's almost a certainty that Elena Kagan will be confirmed as the next Supreme Court justice when all is said and done. But he'd like more details from the woman who would replace John Paul Stevens. One issue she faces have been addressed during the hearing. One, as dean of the Harvard Law School, she supported policy barring military recruiters from campus, citing the "don't ask don't tell policy." It was immediate source of questioning.

In that 1995 book review, she lamented the Supreme Court confirmation process that allowed nominees to "stonewall" and provide "nonanswers." Osler, agreeing with the 1995 paper, expressed frustration that such a scenario seems to be playing itself out now that she is the nominee. He cites as one example a Kagan answer in relation to the high court's recent 5-4 ruling in the "District of Columbia vs. Heller" cases affirming second amendment rights to bear firearms.

But Osler says that is what the process has become in this day and age, and does not expect it to derail her appointment. It's the next opening, he believes, where the fireworks could begin with one issue dear to him emerging.

You can read Osler's thoughts on the lack of a protestant on the high court by searching The Huffington Post, and you can hear our complete conversation online at kwbu.org. For KWBU News, I'm Derek Smith.

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