2min chapter

Strict Scrutiny cover image

Dirty Damages

Strict Scrutiny

CHAPTER

The Biden Administration's Nominating of Justices

I don't know really where Kagan is on the death penalty broadly in a way that I feel pretty comfortable that where Sotomayor and Breyer may be for different sets of reasons. So it just may be that she wants to stick out a different position and use a different voice when criticizing the court's procedures and death penalty cases. But this, you know, again, makes me wonder about the kind of people that the administration should be considering. Do you want to be appointing more people who have kind of held their tongue and held their fire? Or do you want someone like Justice Sotomaysor who will say, I think this is really inappropriate on several levels?"

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