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"In January of 2009, Obama nominated Dawn Johnsen to head the Office of Legal Counsel in the Justice Department. This was seen as a tremendous move, as Johnsen had the experience, the expertise and an apparent eagerness to take on the job of unraveling a series of horrible legal opinions that had been issued to support the torture program put into place during the Bush administration. Sadly, though, even with 60 votes for Johnsen clearly within reach for an extended time, Obama chose not to fight for Johnsen's confirmation. As a result, once it became clear that another Supreme Court nomination was going to be necessary, Johnsen withdrew from consideration, knowing that Obama had abandoned her."

It's Supreme Court nomination time again, which means that it will soon be nomination hearing time, which means that Elena Kagan will soon be asked how she believes the Constitution should be interpreted. But just in time comes a new book - "The Living Constitution," by David A. Strauss - that tells us not to bother about that question because, odd though it might seem, the Constitution does not play a central role in constitutional interpretation.

"Glenn Greenwald on Why Elena Kagan Would Shift the Supreme Court to the Right and the Death of Dawn Johnsen's OLC Nomination"

In '95, Kagan Thought Nomination Process Was A 'Charade'

"Attacks on Elena Kagan from the right and left"

While we know relatively little about the frontrunner in the nomination race, she is a darling of conservatives, aligns with Sen. Lindsey Graham, and loves executive power.

"While we know relatively little about the frontrunner in the nomination race, she is a darling of conservatives, aligns with Sen. Lindsey Graham, and loves executive power. "

Elena Kagan's Questionnaire for Her Nomination as Solicitor General