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The Great Kagan Supreme Court Debate

Two leading legal experts debate the pros and cons of Obama's nomination of Elena Kagan.

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Goodman: Ten seconds to each of you. Final comment, Professor Lessig?

Lessig: Well, Glenn knows that he and I have been allies in criticizing the President for his, quote, "pragmatism,” and so there’s no disagreement here about the President’s mistake in some context. But again, we need to be realistic. If we had a person who plainly marked themselves as a far-left version of Justice Thomas, that person, even if confirmed, would not succeed in getting us the five votes that we need to win on important issues. 

Amy Goodman is the host of the nationally syndicated radio news program, Democracy Now! .

Glenn Greenwald is a Constitutional law attorney and chief blogger at Unclaimed Territory . His forthcoming book, How Would a Patriot Act: Defending American Values from a President Run Amok will be released by Working Assets Publishing next month.

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