Kagan’s Notable Statements and Writings at http://www.nytimes.com/interactive/2010/05/10/us/politics/20100505-kagan-opinions.html
Constitution Theory -— In her testimony during her confirmation for solicitor general, Elena Kagan wrote: “I think a judge should try to the greatest extent possible to separate constitutional interpretation from his or her own values and beliefs. In order to accomplish this result, the judge should look to constitutional text, history, structure and precedent. Relating these views to the position for which I am nominated, I think these kinds of arguments also are most successful in advocacy before the courts in constitutional cases. ... The Constitution generally imposes limitations on government rather than establishes affirmative rights and thus has what might be thought of as a libertarian slant. I fully accept this traditional understanding, and if I am confirmed as solicitor general, I would expect to make arguments consistent with it.”
Judicial Activism -— In Ms. Kagan’s written responses to Senate questions during her confirmation for solicitor general, she disagreed with the view that the courts should take the lead in creating a more just society.
Defining Combatants -— During her confirmation hearing for solicitor general, Ms. Kagan agreed with a questioner that someone suspected of helping to finance Al Qaeda should be subject to battlefield law — indefinite detention without a trial — even if he were captured in a place like the Philippines rather than in a physical battle zone.
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Yeah, that's why the Clintons and Obama hired her, for her "libertarian slant."