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Friday, June 25, 2010

Witness List for Kagan Hearings

h/t RCP / Time:

American Bar Association Witnesses

Kim Askew, Chair of Standing Committee
William J. Kayatta, Jr., First Circuit Representative

Majority Witnesses

Professor Robert C. Clark, Harvard University Distinguished Service Professor, Austin Wakeman Scott Professor of Law, and former Dean, Harvard Law School
Justice Fernande “Nan” Duffly, Associate Justice, Massachusetts Court of Appeals, on behalf of the National Association of Women Judges
Greg Garre, Partner, Latham & Watkins, former Solicitor General of the United States
Jennifer Gibbins, Executive Director, Prince William Soundkeeper
Professor Jack Goldsmith, Professor of Law, Harvard University
Marcia Greenberger, Founder and Co-President, National Women's Law Center
Jack Gross, plaintiff, Gross v. FBL Financial Services Inc.
Lilly Ledbetter, plaintiff, Ledbetter v. Goodyear Tire
Professor Ronald Sullivan, Edward R. Johnston Lecturer on Law, Director of the Criminal Justice Institute, Harvard law School
Kurt White, President, Harvard Law Armed Forces Association

Minority Witnesses

Robert Alt, Senior Fellow and Deputy Director, Center for Legal and Judicial Studies, The Heritage Foundation
Lt. Gen. William “Jerry” Boykin, United States Army (ret.) (pulled) (h/t Matthew Reid Krell)
Capt. Pete Hegseth, Army National Guard
Commissioner Peter Kirsanow, Benesch Law Firm
David Kopel, Esq., Research Director, Independence Institute
Colonel Thomas N. Moe, United States Air Force (ret.)
David Norcross, Esq., Blank Rome
William J. Olson, Esq., William J. Olson, P.C.
Tony Perkins, President, Family Research Council
Stephen Presser, Raoul Berger Professor of Legal History, Northwestern University School of Law
Ronald Rotunda, The Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence, Chapman University School of Law
Ed Whelan, President, Ethics and Public Policy Center
Dr. Charmaine Yoest, President & CEO, Americans United for Life
Capt. Flagg Youngblood, United States Army (ret.)

Posted by David Friedman on June 25, 2010 at 06:35 PM | Permalink


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Mary, I can't think of a history angle for Presser. I'm guessing it's some kind of anti-abortion speech.

Posted by: Anita Bernstein | Jun 28, 2010 2:36:25 PM


I wonder if there is some corporate angle, including her work on Citizen's United?

Posted by: Joe | Jun 27, 2010 10:38:52 AM

A wild guess: Furthering the meme of Kagan being too inexperienced to qualify for the Court, with some testimony of how she compares (presumably unfavorably) to past justices who lacked judicial experience. This also is consistent with how Sen. McConnell has been harping on Kagan being "too political" in here views, since her previous government experience was in the White House.

Posted by: Howard Wasserman | Jun 27, 2010 7:46:55 AM

Does anyone know what Stephen Presser, Raoul Berger Professor of Legal History, Northwestern University School of Law, plans to testify about? I'm curious about whether there's a legal history angle.

Posted by: Mary Dudziak | Jun 26, 2010 10:01:26 PM

Yes, she is a Mets fan, after all.

Posted by: Joe | Jun 26, 2010 5:59:34 PM

@ Joe: no retired baseball players appearing this time. I was hoping David Cone would return for a panel.

Posted by: David Friedman | Jun 26, 2010 5:35:10 PM

I have made an update (thanks, Matthew Reid Krell) and a qualification (thanks, Steven Lubet). I did cut-and-paste this as reported, but I will try to keep it updated and correct. I surrender on the sequencing of the honorifics. I will never be chief of protocol.

On the composition of the panels, I agree with Joe above.

To re-cover well-trodden ground, I think this would be more interesting if we could only get the senators out of the way.

Posted by: David Friedman | Jun 26, 2010 5:33:02 PM

Also, Boykin's been pulled.

Posted by: Matthew Reid Krell | Jun 26, 2010 4:46:50 PM

Speaking of titles and honorifics, the Republicans list "Capt. Flagg Youngblood, USAF" without noting that he is retired.

Posted by: Steven Lubet | Jun 26, 2010 9:32:36 AM

I imagine you just copied this list from somewhere. But I thought this was curious:

*Professor* Robert Clark
*Professor* Jack Goldsmith
*Professor* Ronald Sullivan

Ronald Rotunda

Yeah, we get the titles for everybody afterward. But what accounts for some people getting honorifics up front and others after. Does the majority lend greater credence to titles, or was it just a typo? Who knows!

Posted by: ANON | Jun 26, 2010 1:55:54 AM

Not quite as elite as a whole perhaps as the Sotomayor witnesses [such as former top FBI official or Manhattan DA, Robert Morganthau], but having Goldsmith and Greg Garre on the Dem side (Ledbetter brings the liberal meat) is not bad at all. Bipartisanship support meme, check.

Meanwhile, the Republican bunch seems like the usual suspects. Are we going to have the military witnesses give some b.s. about her position on "don't ask, don't tell" when in reality her school put forth a middle path and she invited military to the campus repeatedly? Tiresome.

Posted by: Joe | Jun 25, 2010 10:40:00 PM

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