Several recent profiles of Elena Kagan imply that she has eyed the Supreme Court almost since high school, and that her reticence about taking strong stands on issues may have been calculated to smooth her path. But such foresight wasn't at work when she wrote a book review published in a 1995 edition of the University of Chicago Law Review. While commenting on Stephen Carter's book on the sorry state of Court confirmation hearings, Kagan offered an analysis that lights up like neon now that Kagan herself is a nominee.
Law Review Article Could Spell Trouble for Kagan at Confirmation Hearing
The National Law Journal
May 12, 2010