In response to my previous concerns I am asking my Senator to ask Kagan specifically about them. See here:
There are concerns about Kagan on Church and State (Mon May-10-10)
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x8308477Please ask Elena Kagan this question:
Brief background:
In 1988 she advised Thurgood Marshall to oppose the Adolescent Family Life Act on the grounds that it violated the Establishment Clause. In her testimony for SG she recanted her former advise as the "the dumbest thing I’ve ever read." She later specified, as Justice O'Connor did in her concurrence, that she may still find the law unconstitutional in an as applied challenge.
Question: Can you give me an example of what application of the law would run afoul of the Constitution and would it necessarily invalidate the law?
Thanks,
-snip-
Wouldn't it be neat if she actually asked her?