Elena Kagan And The Persuasion Factor

A judge thats been sitting on the bench for many years can lose that power of persuasion. Ms Kagan has that at her disposal.

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Randall Kennedy, one of the surrogates who has been unleashed to sell this nomination, shot the 'persuasion factor' all to heII when he wrote on HP:



==First, it is mistaken to suggest, as some have, that the Dean of Harvard Law School is responsible for all that happens or does not happen with respect to hiring. The Dean is the single most influential member of the faculty. One does not get hired at the law school without the Dean's blessing. At the same time, the Dean does not have the power on her own to hire someone to the faculty. To be hired, a candidate must receive at least a majority, usually a super-majority, of votes. The Dean can seek to persuade, but the Dean at Harvard Law School cannot force professors to move when it comes to faculty hiring, traditionally the most contentious arena of struggle at a famously contentious institution.==



So much for the argument that she'd cobble together majority coalitions on the US Supreme Court.
About Elena Kagan
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