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Supreme Court: Elena Kagan's thin paper trail was supposed to be an asset. But the confirmation of Obama's nominee may focus on one position it's clear she holds: that banning political speech can be constitutional.
'The government's answer has changed."
That was how Solicitor General Kagan began her frantic damage control during a second round of oral arguments last September in the Citizens United case, which Kagan and the U.S. government ultimately lost and the First Amendment won...[Excuse me, but if the Constitution hasn't been legally amended, how can the 'government's answer', legally bound by its tenants, change? A: Another activist judicial nominee.]
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