is her own judicial philosophy, where the judges own personal feelings are the source of decisions. She shouldn't be, because the majority now disagree with that philosophy.
http://www.thepublicdiscourse.com/2010/07/1406/
For Kagan's published scholarship demonstrates that the "living constitution" is alive and well and even growing and changing. That is, this theory of constitutional interpretation, which holds that the constitution should change over time, has itself been modified by Kagan and her generation of liberal judicial activists.......................
In some recently reported and widely defended comments, Supreme Court nominee Elena Kagan has gone much further, suggesting that judges may properly be guided by their own values in deciding cases. In a 1995 review of Stephen Carter’s The Confirmation Mess, Kagan approvingly quoted Carter’s claim that “the interpreter’s own experience and values become the most important data” at a “crucial moment” that arises in most cases heard by the Supreme Court...........................
The idea that judges should be guided by their own values in rendering judgment is not one that anyone can honestly and consistently embrace. For if liberal judges may properly be guided by their own values, then conservative ones can be as well. But does anyone really believe that if a majority of conservative justices were to overturn, say, Roe v. Wade, simply on the basis of the justices’ own moral convictions about abortion, Elena Kagan and her supporters would not complain bitterly about both the outcome and the illegitimacy of the reasoning? In the face of such a difficulty, the proponents of Kaganism must either admit that, as a matter of principle, judges should not be guided by their own values, or claim that only liberal judges may properly be guided by their own values. To admit the former is to surrender their position. To claim the latter is to reveal their jurisprudence as a barefaced exercise of power.
