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Silver Lining in Kagan Confirmation

In an op-ed in the Daily Caller, I conclude that

[B]elievers in the rule of law have several things to cheer in the Kagan confirmation battle. Republican senators mounted their strongest opposition in more than a century, sending strong signals to the White House about future Supreme Court picks, while teeing up important issues for this fall’s Senate races. The confirmation fight also saw the continuing repudiation of the Left’s living Constitution philosophy and the solidification of a profound change in the politics of judicial confirmations wrought by the prominence of gun rights for the second time in two summers.

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