“KARL: How would you have voted, knowing all that you know — I mean, now you know his entire record as a justice — would you have voted no on a Thurgood Marshall nomination?

COBURN: I have no idea. I don’t know his writings. I think that’s an important part of her [Elena Kagan] history, but not as important the two things that I just mentioned.”

Sen. Tom Coburn Has ‘no idea’ if he’d have voted to confirm Thurgood Marshall

- thinkprogress - video 

Greenwald vs. Lessig 

Glenn and Larry’s fight: From acrimony to apologies (08:51) 
Does Kagan hold Bush-Cheney views of executive power? (10:14) 
Kagan on detaining enemy combatants (07:37) 
Are open and honest nomination hearings impossible? (08:50) 
Has Obama sold out? (08:54) 
How to fight the central threat to America (08:47) 

If you watched Greenwald debate Lessig before on this blog you are not seeing double. I posted a prior debate of their’s from Democracy Now. You can see that here.

“Chief Justice John G. Roberts, Jr., and his conservative fellow-Justices, like their ideological kinsmen in the nineteen-thirties, are engaging in what’s known as judicial activism. A few weeks ago, on Air Force One, Obama, a former law professor, gave a useful definition of the term, saying that “an activist judge was somebody who ignored the will of Congress, ignored democratic processes, and tried to impose judicial solutions on problems instead of letting the process work itself through politically.” This is, indeed, what the Roberts Court is doing. Local elected officials in Seattle and Louisville created complex and nuanced strategies to achieve racial diversity in their schools; in 2007, in a decision written by Roberts, the Court overturned the plans. The elected city council of the District of Columbia passed a strict gun-control law; in 2008, in a decision by Antonin Scalia, the Court vetoed it. Most notoriously, Congress passed the McCain-Feingold campaign-finance bill, which President Bush signed into law; earlier this year, in a decision by Anthony M. Kennedy, the Court eviscerated that legislation and decreed that corporations have the right to spend unlimited funds to elect the candidates of their choice. In that case, known as Citizens United, the majority also reversed two recent Court decisions. Roberts and his allies, like the conservatives of seventy years ago, profess to believe in judicial restraint (the opposite of activism) and respect for precedent, but their actions belie their supposed values.”

ACTIVISM V. RESTRAINT - Jeffrey Toobin

Elena Kagan, and what Obama can learn from F.D.R. : The New Yorker

By the way, I read Toobin’s ‘The Nine’ last summer. I highly recommend it.

UPDATE: Toobin will answer readers’ questions in a live chat. Tuesday 3 P.M 

Watch Glenn Greenwald on ABC’s This Week turn and question Greg Craig on what he knows about Kagan’s views. -  jayrosen_nyu

I love the way the panel goes quiet while Greenwald continues. He is more abrasive than Rachel Maddow, but he has the same ability to be extremely quick on his feet. He is able to speak at a rapid pace while making a ton of sense. Greenwald is a great read and listen.