Elena Kagan “reportedly” is going to be Obama’s pick. Which means that Elena Kagan probably will not be Obama’s pick, or at least don’t bet on it.

Quite the topic in the law-related blogosphere is Kagan’s sparce paper record, at least in comparison to other nominees who had substantial judicial or scholarly records.

The “Kagan is too much of a wild card” and might even be too conservative and/or not liberal enough meme is spreading.

From a conservative point of view, is a wild card really that bad in an Obama pick? Would we prefer someone with a not-sparse progressive record, because we certainly are not going to get anyone with a not-sparse conservative record?

I’m not ready to say that Kagan should be confirmed if nominated,

but would a roll of the dice really be that bad considering the alternatives?

Related Posts:
Kagan Rumors Expose Left-Wing Hypocrisy and Homophobia
Which Seat Would Cass Sunstein Fill?
Gay Marriage The New Nomination Litmus Test

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