Obama’s Supreme Court nominee Elena Kagan

Elena KaganThe NY Times reports that Obama has nominated Solicitor General Elena Kagan to replace retiring Justice John Paul Stevens on the Supreme Court, a move that very likely could shift the ideological makeup of the court substantially to the right.

If you’re interested in the subject you should read Glenn Greenwald’s roundups on her record or lack thereof here, here and here. These are the most important facts we have:

  1. Kagan has no experience as a judge and a minimal record on which to evaluate her beliefs. When conservatives pushed Alito and Roberts they knew exactly the kind of hard-right judges they were getting. With a big Democratic majority in Congress, liberals should demand no less.
  2. Why hasn’t Kagan spoken out about legal issues in the last decade? Hasn’t there been a lot of controversial stuff going on with the war on terror, domestic spying, corporate overreach, etc.?
  3. She agrees with some pernicious views pertaining to the War on Terror. Specifically, she agrees that the entire world should be considered a battlefield and that detained terror suspects can be classified as “enemy combatants.”
  4. Kagan supported a position surprisingly similar to that of Bush/Cheney’s unitary executive where the President has nearly dictatorial power
  5. All the wrong people have praised her: Bill Kristol, Ed Whelan, and Joe Lieberman.

Given the importance of the Supreme Court, Democrats and liberals really should be taking advantage of this opportunity to provide a left-wing balance to Bush’s picks of Alito and Roberts, not supply them with a possible ally.


  1. As I said on Info Ink today….she should be the perfect choice the Repubs do not want an activist judge and she has not been a judge…should be a perfect fit for the Party of No…..

  2. Ian

    I wish the Supreme Court could be free of partisan stupidity. I would hope that the justices could be as objective as humanly possible. I mean come on, you get a lifetime appointment, you don’t have to kiss party ass any more.