Over the weekend, AP reported, "The White House on Saturday asked Bill Clinton's presidential library to
speed the release of more than 160,000 pages of paper, including
e-mail, in its possession from Supreme Court nominee Elena Kagan's
tenure as a Clinton adviser in the 1990s."
She was in the White House Counsel's office when President Clinton signed the Antiterrorism and Effective Death Penalty Act of 1996. Did she write anything on whether the President should sign it and what his signing statement should say?
This statute takes up a disproportionate amount of the Supreme Court's docket, due to the chronic evasions and violations of it by federal judges who resent having their power curtailed, so it is quite important what the nominee thinks of it. The President's signing statement endorsed the nonsense that the "deference" standard of ยง2254(d) did not really mean what everyone understood it to mean at the time the bill was being debated, with the implication that it would be unconstitutional if it did.
Did Associate Counsel Kagan have any input into that particular piece of drivel? I would really like to know that.
She was in the White House Counsel's office when President Clinton signed the Antiterrorism and Effective Death Penalty Act of 1996. Did she write anything on whether the President should sign it and what his signing statement should say?
This statute takes up a disproportionate amount of the Supreme Court's docket, due to the chronic evasions and violations of it by federal judges who resent having their power curtailed, so it is quite important what the nominee thinks of it. The President's signing statement endorsed the nonsense that the "deference" standard of ยง2254(d) did not really mean what everyone understood it to mean at the time the bill was being debated, with the implication that it would be unconstitutional if it did.
Did Associate Counsel Kagan have any input into that particular piece of drivel? I would really like to know that.
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