Whether or not they provide anything controversial enough to become a confirmation hearing topic, it's still nice to see a Supreme Court nominee's religious liberty views making headlines for once. Here's Education Week's take on the documents released Friday:
An October 18, 1996, memo from Kagan when she was a deputy White House counsel suggests her support for efforts to develop a presidential executive order clarifying the extent to which the law permitted religious expression in the federal workplace.
"The order recognizes constraints on such expression, imposed by the government's interests in workplace efficiency and the Establishment Clause's prohibition on endorsement of religion," Kagan wrote in the memo to various staff members of President Bill Clinton. "But the order tries to show (much as the guidelines on religion in the public schools tried to show) that within these constraints, there is substantial room for discussion of religious matters."
