Not mainstream?

Here's what the second-ranking Republican in the Senate had to say during Elena Kagan's confirmation hearing:

"Justice Marshall's judicial philosophy is not what I would consider to be mainstream."

And what, exactly, is it that Kyl objects to?

"In 2003, Ms. Kagan wrote a tribute to Justice Marshall in which she said that, 'in his view, it was the role of the courts in interpreting the Constitution to protect the people who went unprotected by every other organ of government."

Also? (Yes, there's an "also".)

Kagan also emphasized Marshall's "unshakable determination to protect the underdog," Kyl said.

So protecting the unprotected isn't "mainstream". Good to know what things will be like if the GOP get a majority, isn't it?

(Source: Dana Millbanks column from today)