“With President Obama’s nomination of Elena Kagan to fill a Supreme Court vacancy, the choir has assembled to chant the mantra: ‘we are not supposed to know anything of her judicial predispositions.’ Questions designed to elicit indications of how she might rule on given cases are not to be asked. Lawyers, legal scholars, and judges — along with media lickspittles — will croon the liturgy. I have always regarded this proposition as so absurd on its face as to be unworthy of respect from intelligent, rational men and women. It takes an Ivy League college graduate to vigorously defend the...