"In short, not much. But she might be a little bit more knowledgeable about Indian law than I previously thought. But some signs suggest she will be hostile toward tobacco/smokeshop-related cases.

5. Tobacco Settlement Negotiations (1990s)

Apparently, while part of the Clinton Administration, Kagan became known as a “wonderwonk” in these negotiations (here, page 99). She also helped to draft tobacco legislation for John McCain in 1996 (here, page 103). If for some reason one or more of the various cases involving the Tobacco Master Settlement Agreement reaches the Court, a safe bet would be that she will be hostile toward any Indian or tribal immunity argument."

Get the Story:
What Indian Country Can Learn from Elena Kagan’s Senate Questionnaire (Turtle Talk 5/20)

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