Rabkin on Kagan Nomination

A Heritage Foundation report by Professor Jeremy Rabkin calls into question Supreme Court nominee Elena Kagan's views about the Constitution and international law.

Rabkin considers those views particularly pertinent to consideration of Kagan's confirmation to the Supreme Court.

"To begin with, there is her endorsement of the Harvard policy requiring the study of international law while maintaining the lack of any requirement for the study of constitutional law. She cannot claim lack of experience with relevant materials, if she is asked [in confirmation hearings] why (or to what extent) she thinks international law is more important to training future lawyers than American constitutional law. Her answers to such questions should be quite instructive," says Rabkin.

Rabkin expresses additional concern over Kagan's choice of judicial hero in Chief Justice Aharon Barak of the Israel Supreme Court, of whom Rabin states, "he makes activist judges in America look timid by comparison."

Read Rabkin's paper