So Barack Obama has gone and nominated Elena Kagan as his next Supreme Court pick, which should surprise absolutely nobody; she was always going the frontrunner for the job once she got some experience in a major government position under her belt first, which was why Sotomayor got nominated last year instead of Kagan – the latter was still being seasoned. (Here, I’ll go one better: when Ruth Bader Ginsburg retires next year, it’ll be probably be Merrick Garland or Sidney Thomas replacing her. I’d prefer to see Pamela Karlan, Harold Koh or Leah Ward Sears – I would have preferred any of those over Kagan, frankly – but Obama is who he is.)
As for Kagan, the lefties proclaiming her “Obama’s Harriet Miers”1 are all on crack. Miers was an undistinguished family lawyer. Kagan is a former Harvard Law School dean. There’s kind of a difference. You can complain, perhaps, that Kagan hasn’t written a lot of articles, but so what? She’s clearly intelligent and frankly people arguing that she’s a stealth conservative are on even crackier crack than the “Obama’s Miers” crowd because people who are stealth conservatives don’t spend their lives working in liberal law schools and for Democratic presidents.
In short: she’ll be fine. Not a daring or exciting pick, but a solid one.
- And why is everything in this administration “Obama’s X,” where X is something that happened to Bush? Bush was a disaster, Obama isn’t. NOT THE SAME THING. [↩]