Word: tushnet
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According to Tushnet, that issue “has not quite surfaced yet,” but there have been some indications that it could factor into Obama’s decision...
...Tushnet said he believes that the policy is “on its way out” and will be used as a “talking point” for Republicans, but would not be an issue that would bar Kagan from the Court...
...Tushnet and Law School Professor Frank I. Michelman said that they were unclear if these concerns were legitimate indications of Kagan’s inability to serve as a Justice...
...Republicans are unified against anything the administration wants to do,” Tushnet said...
Current Law School Dean Martha L. Minow has also been raised as a possible candidate, according to Bloomberg. But Tushnet said he thinks it is “unlikely” that Minow would be chosen because Kagan has had “some bathing in high-level practice” that would make her a more likely contender...