GAO study finds improper “burrowing” during Bush years.

Here’s our initial write up of the Kos/R2K story. Our reporter got in touch with Del Ali, head of R2K who is declining to comment on advice of his lawyer but says “I will tell you unequivocally that we conducted EVERY poll properly for the Daily Kos.”

Kagan tells senators recent decisions affirming a personal right to carry firearms are “settled law.”

Our reporter just talked to the attorneys for Markos and R2K. Here’s his report.

As you’ve seen we’re reported on Markos’s charges that at least some of the data provided by Research 2000 was fraudulent and the statistical analysis on which the charges are based. I’ve read Nate Silver’s approving review of the statistical analysis. And I’ve spoken with Professor Charles Franklin, who is our outside consultant on polling questions.

Based on this review I’ve decided that there is more than enough question hanging over R2K’s data to warrant our purging the firm’s numbers from the TPMPolltracker database. That has now been done.

I should add that this is not and we’re not in a position to pronounce a verdict of guilty on R2K’s data. But that’s not the standard. We can only include data the integrity of which is beyond reasonable question. And on that basis we’ve removed it.

Should subsequent developments remove the cloud of suspicion over R2K’s data we would, of course, re-add it to our database.

Another recent addition to Supreme Court confirmation hearings is a focus on the role of foreign law. Last year, Justice Sotomayor got many questions on whether she would cite foreign law.

What’s the problem? Read More

Senator Arlen Specter has participated in 11 Supreme Court confirmation hearings. This will be his last. He focuses on issues involving the relationship between Congress and the Court. Read More

Kagan has an extremely friendly exchange with Lindsey Graham about the legal issues arising from what Kagan agrees is the war in which the United States in engaged against Al Qaeda and the Taliban. Graham, of course, is the only Republican on the Judiciary Committee who voted to confirm Sonia Sotomayor. And he seems very happy with Kagan’s responses to his detailed questions about war-related legal issues.

One other issue comes up in Kagan’s discussion with Graham. Read More

Sharron Angle’s become almost notorious for ducking in-state interviews since her come from behind win in the GOP primary a few weeks ago. But we’ve just found out she’s going to sit down for an interview on Jon Ralston’s show this evening. So that should produce some interesting news.

Senator John Cornyn, another skilled questioner (and former Texas Attorney General and Justice of the Texas Supreme Court), engages Kagan on constitional interpretation. Their exchange provides the best indication so far of how Kagan would approach this issue. Read More