Daily News
Legal Writings of Solicitor General Nominee are ‘Dense, Hedged and Moderate’
Posted 4 minutes ago
By Debra Cassens Weiss
The legal writings of Harvard law dean Elena Kagan don’t provide many clues about her positions on terrorism issues that vexed the Bush administration.
The New York Times examined the writings of Kagan, who is Barack Obama’s nominee for solicitor general, and found them to be “dense, hedged and moderate.”
The Times notes Kagan’s 2001 Harvard Law Review article on the “unitary executive” theory, used to justify broad presidential powers in the Bush administration. Kagan wrote about a narrower meaning of the phrase—that the president has power to control the executive branch. President Reagan used the theory mainly to suppress regulation, Kagan wrote, while President Clinton used it to expand regulation. The article is called “Presidential Administration.”
Kagan wrote that Reagan’s emphasis on confidentiality sometimes interfered with the ability of the public and Congress to identify “the true wielders of administrative authority.”… Continue reading...
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