The Executive's Handmaiden

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KAGANOBAMAJimWatson:Getty

Balko delivers the bad news:

She’s a cerebral academic who fits Washington’s definition of a centrist: She’s likely defer to government on both civil liberties and regulatory and commerce issues. And though libertarians allegedly share ground with Republicans on fiscal and regulatory issues and with Democrats on civil liberties issues, neither party cares enough about those particular issues to put up a fight for them. Which is whyKagan sailed through her first confirmation hearings, and is widely predicted to sail through the hearings for her nomination to the Supreme Court.

A person who will back executive power comes after two of the most radical pro-executive Justices (Alito and Roberts) in recent history. The onward march of the dictatorial presidency - in a time of constant threats from abroad - continues.

(Photo: US President Barack Obama (L) nominates Solicitor General Elena Kagan to the Supreme Court during an event in the East Room of the white House in Washington, DC, May 10, 2010. By Jim Watson/Getty.)

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