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?
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Comments
As i said on another blog, in regard to Kagan's few accomplishments… look if we were going to pick people for high office who have accomplished something in life, John McCain would be president.
there are a few names worth mentioning. The woman from Atlanta – she is the retired Chief Justice of Georgia. I am sure she would be an excellent pick.
There is a woman justice in Chicago and she has far better accomplishments but she is being ignored.
There are two men, and both would be reasonable picks…
However, Kagan is not a good pick because I believe that someone sitting on the Supreme Court should at least have a judicial history. Kagan does not make the grade.
I suspect that Obama is satisfied that Kagan is plenty liberal enough to keep the 5-4 balance on the Court on many if not most issues. And he can live without a huge confirmation fight in the midst of everything else leading up to the mid-terms. Besides, once he's nominated her, the lefty objections will disappear; they represent efforts to push other potential nominees, not bone-deep opposition to Kagan.
Is Bork available? If not, as a conservative, I say roll the dice with Kagan.