Two Peas in a Pod: Obama’s judicial nominees Elena Kagan and Goodwin Liu have
very similar backgrounds; do they have similar judicial philosophies as well?
Senate Judiciary Committee Is Scheduled To Vote Today On The Nomination Of Goodwin Liu To Be United States Circuit Judge For The Ninth Circuit. KAGAN AND LIU HAVE VERY SIMILAR BACKGROUNDS Both have no judicial experience, are products of the Ivy League, clerked for left leaning judges, worked in the Clinton Administration, served for a brief time in private practice, are legal academics, and are law school deans. KAGAN’S SCANT LEGAL WRITINGS LEAVE AMERICA WONDERING ABOUT HER VIEWS Kagan’s “lack of a paper trail” makes it difficult to vet her Supreme Court nomination. BUT LIU’S MORE PROLIFIC WRITINGS OFFER QUESTIONS FOR KAGAN TO ANSWER Does Kagan Agree with Liu: That judges should take into account “evolving norms and social understandings” and be “broad-minded in their view” when interpreting the Constitution? That judges should interpret the Constitution “in light of evolving precedent, historical experience, practical consequence, and societal change?” That judges shouldn’t look to text of Constitution when making decisions, but take into account “entire range of experiences that the nation has itself learned?”
That the 14th Amendment gives citizens a right to health care, tax credits and job training at
In criticizing the current Supreme Court’s “judicial restraint” in not providing “entitlements to
social and economic welfare?”
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