Washington – At Day 1 of her Senate confirmation hearings, Supreme Court nominee Elena Kagan struck tones of modesty and restraint – the template for every nominee since Judge Robert Bork opted to go toe-to-toe with liberals on the Senate Judiciary panel in 1987 and was rejected. “The Supreme Court is a wondrous institution,” Ms. Kagan said in her opening statement. “But the time I spent in the other branches of government remind me that it must also be a modest one – properly deferential to the decisions of the American people and their elected representatives.” It is this time...
