Shortly after Elena Kagan was nominated to the Supreme Court, I wrote critically of her “thirty-year gamble” to secure a spot on the United States Supreme Court, though I prefer Karlan’s imagery of trimming the sales.
It seems every effort Kagan has taken over the past three decades was made intently, and with a focus on not generating any paper trail. She had her eyes on the SCOTUS prize, and worked towards that goal.
At the time, I didn’t even realize the extent to which Kagan continued to shield herself from any controversial matters, even when working as Solicitor General. As I discuss in Unprecedented, at every juncture, she walled herself off as SG, so she would have no involvement with the Affordable Care Act.
During her confirmation hearing, many Senators repeatedly asked her if she had any involvement with the case. As I wrote in Unprecedented–and based on stuff I couldn’t write–she had absolutely nothing to do with the case. Remarkably so. She knew better.
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