Lack Of Paper Trail Could Be Kagan's Achilles Heel

Law360, New York (May 06, 2010, 6:49 PM ET) -- U.S. Solicitor General Elena Kagan, considered by experts to be a top contender to fill the upcoming U.S. Supreme Court vacancy, is lacking one important attribute that some say could become an issue in a potential confirmation process: a record of judicial decisions.

As President Barack Obama looks in the coming days and weeks to fill retiring Justice John Paul Stevens' seat on the high court, attorneys and academics have repeatedly pointed to Kagan as one of the front-runners — if not the top choice —...
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