USA Today published opinion by Prof. Garnett on Kagan and religious liberty

Rick Garnett ND Expert USA Today published an opinion by Notre Dame Professor of Law Richard Garnett in an article “On religious liberty, what would Kagan do?” Here is an excerpt:

To no one’s surprise, Solicitor General Elena Kagan displayed intelligence and charm during the hearings in the Senate Judiciary Committee on her nomination to the Supreme Court. In addition, and also as expected, she avoided with impressive discipline sharing specific answers to senators’ questions about the Constitution and the judicial role.

She did, however, provide, a few clues. In her opening statement, Kagan said that the court “has the responsibility of ensuring that our government never oversteps its proper bounds or violates the rights of individuals,” but “must also recognize the limits on itself and respect the choices made by the American people.” A justice, she said, must be a vigilant “trustee” of the “blessings of liberty,” but also “properly deferential to the decisions of the American people and their elected representatives.”

Read entire article: http://www.usatoday.com/news/opinion/forum/2010-07-26-column26_ST_N.htm