Elena Kagan

By Ta-Nehisi Coates

I haven't been following this. I think I want to comment on Andrew's "Is She Gay?" post but I want to think some more. 


I have  a side-question, and maybe this should be a Talk to Me Like I'm Stupid. How much weight does legal theory actually hold on how people think? What I mean is do people just decide they believe in certain issues and look for the theory of the constitution that bests supports that? Or is it the other way around? Is all this talk about "judicial activism" actually a real thing? Or is just something people say on CNN? What's more important--theory? Or your side winning?

Yeah. This shoulda been a Talk to Me Like I'm Stupid. I can't keep doing this. Sooner or later you guys are gonna realize that I...actually...am...stupid...

This article available online at:

http://www.theatlantic.com/national/archive/2010/05/elena-kagan/56458/