Writes Bruce Fein:

…If confirmed by the United States Senate, Supreme Court nominee Elena Kagan will crown President Obama with “imperial” constitutional powers. Congress and Federal Courts will wither as checks against his presidential usurpations or abuses whenever war or other national security claims are bugled over Iran, North Korea, Yemen, international terrorism, economic adversity, or otherwise. In these matters, Kagan will prove the flip side of retiring Justice John Paul Stevens, whose vote and voice have, for decades, arrested executive branch lawlessness or encroachments on the co-equal branches of government. Stevens’ vote was decisive in a pair of recent cases invalidating both military commissions for the trial of alleged war crimes and the suspension of the Great Writ of habeas corpus for Guantanamo Bay detainees.

…Kagan is a creature of the executive branch.

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