Chicago Law Review
May 08, 2010
Imagine a candidate for the U.S. Senate who has never taken a public stand on almost any policy issue. Imagine that her campaign consists of asking people for their support because, according to friends and colleagues, the candidate is smart, fair, and good to others. When her friends are asked what her views are on various political matters, they reply that they don't know—but that they're confident she'd make an excellent senator. This bizarre hypothetical closely resembles the actual campaign to put Elena Kagan on the Supreme Court.