Was SG Kagan expressing her own views, or simply parroting those of the Obama administration, when she advanced some of the extreme positions at the Supreme Court? If the views were her own, the next question should be whether she merits confirmation to a seat on the high court.

Harvey Silverglate, the Phoenix’s “Freedom Watch” columnist and a lawyer, is the author of Three Felonies a Day: How the Feds Target the Innocent. Kyle Smeallie, previously an editor on Boston College’s Heights newspaper, is Silverglate’s paralegal and research assistant. Maria Romero, also Silverglate’s research assistant, contributed to this piece.

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