Kagan’s Thesis Endorsed Judicial Activism

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Everyone had hoped that with a complete disclosure of Elena Kagan’s writings that we would have a greater understanding of her judicial philosophy and rest assured that her political activities would not be transferred to her role as a Supreme Court justice. Unfortunately, uncovering her positions on the role of the judiciary has only confirmed previous suspicions that she endorses the use of the judiciary as a mechanism to enact her social beliefs.

In her thesis, written during her tenure at Oxford University, she believes that the judiciary must be a mechanism of social change...

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