Much of the elite discourse regarding Kagan’s nomination has centered on the military recruiters/Solomon Amendment issue, Kagan’s lack of judicial experience, her scholarly record (some calling it rather thin), and her views on executive power. SCOTUSblog has summarized (see here as well) many of the immediate reactions. Conservatives are critical of the first two items, while many liberals are concerned about Kagan’s views on executive power, worrying she is too willing to grant the executive branch broad discretion in areas such as questioning terrorism suspects. In short, liberals worry that Kagan will propagate the Bush-Cheney vision of executive power.
David Fontana has written an interesting opinion piece in Politico about what we might expect from Kagan on issues of executive power. Fontana’s article will certainly not alleviate concerns that liberals have about Kagan.