We at CJLF are particularly interested in knowing whether Ms. Kagan had anything to say on the habeas reform portion Antiterrorism and Effective Death Penalty Act of 1996. More particularly, what was her input, if any, on President Clinton's preposterous signing statement to the effect that the deference standard did not really change anything and would be unconstitutional if it did. The first of these two propositions has been expressly rejected by the Supreme Court, and the second has been implicitly rejected, but a nominee who actually believed the second would be quite dangerous.
Non sequitur of the day award goes to Senator Patrick Leahy, regarding the schedule:
Committee Chairman Patrick Leahy, D-Vt., pointed out when he set the hearing schedule that the Senate had reviewed Kagan's credentials a year earlier when it confirmed her as solicitor general, the government's top lawyer in arguments before the Supreme Court.
"There is no reason to unduly delay consideration of this nomination," said Leahy.
As the distinguished gentleman from Vermont knows very well, there is a world of difference between the "at will" office of SG and a lifetime appointment to the Supreme Court.