it was a bad day on the Supreme Court but I note that Sonia Sotomayor continues to take the progressive view. It looks increasingly like she will be the most progressive of all the judges on the Court. She came out early on questioning whether corporations should be treated like people, and she hasn’t let up since.

Kagan, on the other hand, is going to be harder to gauge. On national security issues and civil liberties, I see her as a potential problem. But she’ll probably be to the left of Breyer on most cases.

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