The Next Court

Tuesday, June 29, 2010

As Elena Kagan's confirmation hearings continue, Noah Feldman, law professor at Harvard University and author of the forthcoming Scorpions: The Battles and Triumphs of F.D.R.’s Great Supreme Court Justices, talks about what a "liberal" Supreme Court means now. Plus, live coverage and clips of this morning's hearings.


Noah Feldman

Comments [11]

Christopher from Middle Village

The hearings are an infuriating anachronism. The obfuscation, evasion and posturing is tiresome and speaks to the very worst of what we dislike about our political process. A waste of time, resources and ultimately, an insult to our intelligence and common sense. What should replace it? An honest to God job interview, after all isn't that what in "theory" it is? Also, the media shouldn't take it so seriously, more than a little mockery wouldn't go astray. Mockery of the process that is, not the nominee.

Yeah, an honest to God job interview, that'd do it. And honest to God answers to questions regarding her "political" opinions. Why hide them, of course they color decisions on the court. Not directly but indirectly. Who in their right mind thinks that they don't and once again, to "pretend" that they don't or skirt around the issue is yet again, a huge insult to our common sense.

Jun. 29 2010 11:52 AM
Drew Skroback from New York City

If we are concerned about the way the hearings are held today, we need only look to the genesis of the modern hearing. Its cause is the way Bork was rejected and vilified when he spoke his mind freely and openly. I never would have nominated Bork myself, but the Presidential deference of the past was washed away in those hearings, unfortuantely.


Jun. 29 2010 11:46 AM
Raul from NY, NY

The best way to pick a US Supreme Court Justice (and a judge at ANY level for that matter): make them take a test! Lawyers must take a bar exam, why not a "bench exam" for judges?

Jun. 29 2010 11:35 AM
leon from CT

Noah Feldman says that the supreme court does not just call balls and strikes as Justice Roberts says it does, but shouldn't that be what a judge does. To do otherwise leads to a dictatorship of relativism where we are all subject to the whims of men/women in power and not to truth and justice.

Jun. 29 2010 11:07 AM
The Truth from Becky

This whole process is such a load of BS!

Jun. 29 2010 10:32 AM
bob from ny

roberts a canadian!

Jun. 29 2010 10:23 AM
Edward from NJ

While people may call her General, they are wrong to do so. The "general" in solicitor general is an adjective modifying the word solicitor. Her proper title is Solicitor General.

Jun. 29 2010 10:22 AM
kole from ny

which ridiculous pretense should we believe: that a flaming liberal will get on the court and institute their beliefs, or, that it hardly matters who a president chooses because a judge is an indifferent referee?

Jun. 29 2010 10:21 AM
Nicole from NJ

I hope a podcast of this conversation will be posted. Noah's points about the Supreme Court and corporations versus citizens are perfect soundbites. This is an absolutely refreshing conversation/guest. Thank you.

Jun. 29 2010 10:18 AM

forget roe v wade that's safe.
how pro-corporation will the next court be?will big businesses get human rights next, can a business run for president?

Jun. 29 2010 08:46 AM
Robert from NYC

The next court, eh! I personally don't like this choice because unlike most who don't like her I think she's too close to the center if not exactly there or a bit right of center. We no longer live in a culture of convictions we live in a culture of pleasing or appeasing those who scream loudest, and for some time now and probably for a while longer that is the right.
Yes, America is in decline.

Jun. 29 2010 08:45 AM

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