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It's all just a matter of judgement

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As this article is being written, hearings began today in the Senate Judiciary Committee on the confirmation of Elena Kagan to the U.S. Supreme Court. Kagan, now Solicitor General of the U.S., former Dean of Harvard Law School and former clerk to Supreme Court Justice Thurgood Marshall, is a brilliant lawyer with amazing credentials, but she has never been a judge. She has promised to be impartial, to consider each case on its own merits, and reserve judgment until she's heard both sides.

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