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Reaction on My Kagan Post

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Scott Greenfield at Simple Justice has this reaction to my earlier post on Justice Kagan.  Greenfield is so over the top it is rather amusing.  I will point out a couple of inaccurate implications, though.

Greenfield characterizes my post as "castigating Elena Kagan," but I did no such thing. I expressed a concern and a hope that the concern will prove unfounded. That is a long way from castigating.

Regarding my comparison of Justice Sotomayor's background, Greenfield says, "Suddenly, Justice Sotomayor is looking pretty good compared to the pointy-headed Kagan?  Who knew that she was going from zero to hero in the eyes of those who look for 'a positive force'."

Suddenly? "Hero" is hyperbole, of course, but the implication that I have recently and suddenly changed my view on Justice Sotomayor (i.e., better than I expected from this administration) is just wrong.  The fact (easily discovered if one bothers to check) is that I wrote a positive review of Sotomayor's habeas opinions while her nomination was pending. (I didn't do the same for Kagan for the simple and obvious reason that there aren't any to review. That is part of my concern.)

I apparently touched a nerve by using the word "evil." Good. I'll try to use it more often.

I won't respond to everything in the post, but there is one more line worth mentioning. Greenfield refers to the defense side as "those of us disinclined to believe that every defendant deserves the death penalty . . . ." Um, that description would also include me.  It would also include every prosecutor and every victims' advocate I know.

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Greenfield is long on snippy remarks and a superior attitude, but short on balance, analysis and, to be blunt, honesty. I once tried talking to him on his blog, but it's no use. He's like gritsforbreakfast on a bad day.

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