And the Attack Line on Kagan Is...?

By Chris Good
The Clinton library released over 45,000 pages of documents today from Elena Kagan's tenure in the Clinton administration, and, while none of her correspondences or opinions as an executive employee amount to judicial opinions, Republicans will try to find some way to attack her nonetheless. So what will they choose?

Greg Sargent ferrets out a likely attack line of gun control:

Kagan had a hand in multiple gun control measures during her stint in the Clinton administration, according to info from newly released Clinton library documents that was sent my way -- and I'm told Republicans will grab on to the revelations to paint her as hostile to the Second Amendment.

But a high profile member of the Clinton administration, in an interview with me, dismissed the notion that her work on these issues suggests she's hostile to gun rights.

As deputy director of the Domestic Policy Council under Bill Clinton, Kagan supervised work implementing the Brady law, which implemented a background check system, info from the newly released docs show.

Reuters pulls out these points in a story about what has Republicans concerned:
In 1988, Kagan wrote a memo in a case involving a prisoner who wanted the state to pay for her to have an abortion, CBS reported. Kagan expressed concern that the court would use the case to rule against abortion rights.

"This case is likely to become the vehicle that this court uses to create some very bad law on abortion and/or prisoners' rights," Kagan wrote.

In a 1987 memo, she defended as "amazingly sensible" a school desegregation program. In 2007, CBS noted, the current court struck down a nearly identical plan.

As a Marshall clerk, Kagan also criticized a Supreme Court decision that set tough new standards for convicted criminals to mount an appeal on grounds they had ineffective counsel.

"These troubling memos have to be carefully examined," Sessions said, adding that it is important for the committee to get all relevant materials.

Kagan is still expected to sail through her confirmation process.

This article available online at:

http://www.theatlantic.com/politics/archive/2010/06/and-the-attack-line-on-kagan-is/57719/