Republicans will complain about Kagan, but she’ll be confirmed
UPDATE: Video of Obama’s announcement
As many courtwatchers had predicted, President Obama is apparently set to name his Solicitor General, Elena Kagan, to the United States Supreme Court. If confirmed, she will be the fourth woman justice in the court’s history; her appointment would mark the first time that three woman have served on the nation’s highest court at the same time.
There is no reason to think that she will not be confirmed, despite an obstructionist, just-say “no” Republican Senate minority who try to block everything Obama proposes. Obama has continued with a thoughtful and savvy strategy for high court nominees, as he did with Sonia Sotomayor. Recognizing that the bruising health care fight left him with less political capital than he had last year, he went with a nominee who has been confirmed before and who is perceived, rightly or wrongly, as a less liberal choice than the left’s favorite, Diana Wood. From SCOTUSblog:
My reasons focused on positives about General Kagan as a nominee – including the great respect for her intellect, her well-regarded ability to bring left and right together, her experience, her relative youth, and that she would be a second female nominee for the President – but I also thought it was significant that among the three leading candidates she seemed to be the best political fit. Judge Wood, I thought, would generate genuine opposition (which would be potentially significant for the mid-term elections), while Judge Garland was sufficiently to the ideological center that he would be an essentially “safe” choice that the Administration would not make absent a collapse in its political fortunes.
The right will find things in her record to spin as scandalous, of course. My colleague Jay Bookman points out that, as a history major at Princeton, she wrote her senior thesis on 1930s socialism in New York City.
In more recent history, Kagan, as Harvard Law School dean, opposed allowing military recruiters on campus because of the military’s “don’t ask, don’t tell” policy:
Focus on the Family and other conservative groups opposed Kagan’s confirmation for solicitor general last year, the story says. They argued that Kagan’s military-recruiting views make it “highly likely” that she also supports same-sex marriage, “both as a matter of policy and as a supposed federal constitutional right.”
The controversy stems from a Supreme Court amicus brief that Kagan signed in 2005 arguing that federal law allowed law schools to limit access to military recruiters, just as they did any employer refusing to sign pledges saying they wouldn’t discriminate against gays and lesbians.
The Solomon Amendment had cut off federal funding for schools unless they gave military recruiters access that was “equal in quality and scope” to that of other employers.
A federal appeals court had struck down the law as an infringement on the schools’ First Amendment rights. The amicus brief signed by Kagan didn’t make the First Amendment argument, the story says. Rather, it said schools were complying with the law by treating military recruiters the same as other employers that didn’t sign nondiscrimination pledges.
But Kagan has generally been cautious, as if she planned her whole life around the possibility of being nominated to the nation’s highest court. And, since she has never been a judge, she has no trail of controversial rulings. She’ll be confirmed.
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216 comments Add your comment
Granny Godzilla
May 10th, 2010
8:18 am
Media Matters is way ahead of most of what you will read below. She’ll be confirmed.
Auburn Fan
May 10th, 2010
8:21 am
She will be confirmed and hopefully the Republicans will not get in the way. I just wish those pesky Republicans would understand that the American people agree with President Obama on everything.
Joey
May 10th, 2010
8:23 am
You are correct.
This will happen because Republicans and Conservatives believe that at the end of the day, when the vote is called, the President has the authority to appoint whomever he wants. Republicans and Conservatives respect the Office of the President.
Peadawg
May 10th, 2010
8:24 am
“I just wish those pesky Republicans would understand that the American people agree with President Obama on everything.”
tp://www.rasmussenreports.com/public_content/politics/obama_administration/daily_presidential_tracking_poll
You were saying?
Whacks Eloquent
May 10th, 2010
8:27 am
So far I have heard more concern about Kagan from the left end of the spectrum, worried she’s not liberal enough. This happens with a “blank slate” candidate though, and it is President Obama’s choice as to whether he wants to risk that. I see the GOP putting up a token effort, mostly because it is an election year, but I am sure they’d much rather have her than a proven liberal judicial activist…
Peadawg
May 10th, 2010
8:30 am
So Obama nominates someone with no experience as a judge. Of course Cynthia supports this…you support everything this guy does.
Union
May 10th, 2010
8:33 am
CT.. oddly.. most of the other “media” is saying there will be more noise from the far left.. than from the right.. wonder why?
Granny Godzilla
May 10th, 2010
8:34 am
Peadawg
Reading is FUNdamental. POP Quiz
Name 5 SC Justices with no judicial experience?
Rehnquist, Frankfurter, Warren, Marshall, Brandeis.
Auburn Fan
May 10th, 2010
8:35 am
Well Peadawg, you should support everything President Obama does too. That is your duty as an American. If you don’t, then you racist and a traitor. There can be no opposition to this man and his ideas.
Whacks Eloquent
May 10th, 2010
8:35 am
Peadawg, he could be doing a hell of a lot worse! Um, Janet Napolitano? Heard her name floating around a couple of weeks ago. Not only would she also have no courtroom experience, but she’s a complete nincompoop as well! Elena Kagan at least seems to have some modicum of intelligence…
Cynthia is Sexy!!
May 10th, 2010
8:41 am
Im just hoping she brings along enough circus peanuts and creme soda to share with the other justices.
Moderate Line
May 10th, 2010
8:43 am
If confirmed, she will be the fourth woman justice in the court’s history; her appointment would mark the first time that three woman have served on the nation’s highest court at the same time.
+++++++++++++++++++++++++++++++
You can tell when diversity does pretain to religion, location or educational background.
Future makeup of supreme court.
NY-4 6.3% of population, 44% of supreme court
NJ-2 2.8% of pop., 22% of supreme court
CA-2 12.1% of 22%
GA-1
Catholics-6
Jewish-3
Moderate Line
May 10th, 2010
8:48 am
Being apolitical position she will be confirmed unless she has done something really stupid. Unfortunately that is the standard for these position.
None orvery few Rebublican will vote for her. I believe that has been the trend for some time where the opposition doesn’t support the canidate pick by the other party.
Bubba
May 10th, 2010
8:48 am
I see that Holder is proposing changes in Miranda policy so we can deal more effectively with terror suspects. Reading the CynJay blogs, there would seem to be no problem with Miranda warnings for terrorists. Wonder what’s up with that?
kayaker 71
May 10th, 2010
8:59 am
Kagan’s confirmation hearings will not be a referendum on her but on Bozo. We really can’t avoid another “progressive” Justice but Bozo is taking all the steps to dodge the bullet in this election year. He would appoint Sponge Bob if he thought it would help to get him re-elected in 2012.
JKL2
May 10th, 2010
9:08 am
auburn- you should support everything President Obama does too. That is your duty as an American
Where were you during all those Hillary Clinton rants? I believe she said it was our right and duty to disagree with the president. Hitler took 6 years to turn Germany from a third world country into a super power. Doesn’t mean he was right and everyone should have followed along.
Cynthia is Sexy!!
May 10th, 2010
9:10 am
What was and what should never have been…
http:// turbo.inquisitr.com/wp-content/2009/10/chastity-bono-chaz-bono.jpg
Ga Jim
May 10th, 2010
9:18 am
Cynthia, were the democrats the party of no when they put up a fight against Harriet Miers?
Joel
May 10th, 2010
9:19 am
I learned that it is very important to follow the correct media and to believe them 100%. I will now only follow Ms. Tucker and the good granny. No need for further research on Kagan- she must be terrific.
Tommy Maddox
May 10th, 2010
9:21 am
She has no judicial experience. None.
None.
ctucker
May 10th, 2010
9:21 am
Ga Jim, I think you’ve forgotten recent history. It was Republicans who fought hard against Harriet Miers.
JKL2
May 10th, 2010
9:22 am
auburn- “That is your duty as an American. If you don’t, then you racist and a traitor”
My duty is to not violently overthrow the government. When did race become an issue? I guess this means you were a racist and a traitor dury the Bush administration since he is white and you were opposed to him.
wdw
May 10th, 2010
9:23 am
once again…mostly quotes…little original…maybe there is nothing new there?
jconservative
May 10th, 2010
9:24 am
From AP wire:
“As dean of the Harvard Law School, Kagan’s hiring of young conservative scholars “sent a strong signal to conservative alumni that, despite her own party affiliation, she was committed to intellectual diversity and meritocracy at the law school,” said Harvard alumnus and former Bush administration lawyer Brad Berenson.”
My only problem with Kagan is she has never been a judge; the last Justice that had never been a judge was Rehnquist, and we all know what a dud he turned out to be.
Like Sotomayor, unless there is a skeleton in the closet, she will be confirmed.
Granny Godzilla
May 10th, 2010
9:25 am
Tommy Maddox
Reading is FUNdamental. POP Quiz
Name 5 SC Justices with no judicial experience?
Rehnquist, Frankfurter, Warren, Marshall, Brandeis.
Ga Jim
May 10th, 2010
9:26 am
Touche`, I got my candidates mixed up.
JKL2
May 10th, 2010
9:26 am
ctucker-
You’re right on Harriet Miers. Miguel Estrada is a much better example.
Some Guy
May 10th, 2010
9:28 am
Does anyone remember that Aerosmith song? Yea, you know the one but she makes me want to switch it around. Lady Looks Like a Dude
Is she married? Hmmmmmmmmmmmmmmmmmmmmm
JKL2
May 10th, 2010
9:29 am
Granny
Reading is FUNdamental. POP Quiz
Name 5 SC Justices with no judicial experience?
Rehnquist, Frankfurter, Warren, Marshall, Brandeis.
Let’s put inexperience in all our key positions. Look how good it’s working with our President.
Cynthia is Sexy!!
May 10th, 2010
9:33 am
The 3 stooges go to Washington” starring
Barack Obama as Moe
Eric Holder as Larry
Elana Kagan as Curly.
Granny Godzilla
May 10th, 2010
9:34 am
JKL2
Thanks, but our President is working out quite well actually.
Don't Ask, Don't Tell
May 10th, 2010
9:35 am
First gay Supreme Court justice too.
She opposes don’t ask, don’t tell in the military but practices it herself. She will likely “come out” after the lifetime confirmation.
Careful planning indeed.
DeKalb Conservative
May 10th, 2010
9:35 am
She’ll be confirmed. Here views are in the open, the fact she hasn’t been a judge before will actually work to her advantage. Looks like a big win for the GLBT community.
MAC
May 10th, 2010
9:37 am
Proof that there IS life on other planets.
“Thanks, but our President is working out quite well actually.”
Williebkind
May 10th, 2010
9:38 am
She has to be atheist!
Bob
May 10th, 2010
9:40 am
Since ahe was appointed by a dem she must be for abortion, they have the litmus test.
JKL2
May 10th, 2010
9:41 am
Granny-
The clueless leading the credulous and those who don’t pay taxes. What a country!
Peadawg
May 10th, 2010
9:42 am
“Thanks, but our President is working out quite well actually.”
Says someone in the minority
tp://www.rasmussenreports.com/public_content/politics/obama_administration/
daily_presidential_tracking_poll
Dave
May 10th, 2010
9:42 am
Is that Kevin James?
CRB
May 10th, 2010
9:43 am
Cynthia…thoughts on the following from her Wikipedia entry?
From 2005 through 2008, Kagan was a member of the Research Advisory Council of the Goldman Sachs Global Markets Institute.
klhfd
May 10th, 2010
9:44 am
i wonder id mike myers will play her on snl?
Dave
May 10th, 2010
9:45 am
From the liberal Daily Beast:
Elena Kagan’s Achilles’ Heel
“Obama’s potential Supreme Court pick banned military recruiting at Harvard Law. Peter Beinart on how that stance has damaged liberals—and why conservatives are right to bash her for it. “
bob
May 10th, 2010
9:45 am
from the photo, she look like she could handle herself in a fight
Ponder
May 10th, 2010
9:46 am
So, unless I missed it above or in other outlets, is Elena Kagan married, has children?????
Granny Godzilla
May 10th, 2010
9:48 am
Dave
At least give accuracy a shot….
” Kagan consistently followed the law, and Harvard students had access to military recruiters during her entire tenure as dean. Throughout Kagan’s tenure as dean, Harvard law students had access to military recruiters — either through Harvard’s Office of Career Services or through the Harvard Law School Veterans Association. Moreover, Kagan consistently followed existing law regarding access to military recruiters. Kagan briefly restricted (but did not eliminate) access to recruiters only after the U.S Court of Appeals for the 3rd Circuit ruled that law schools could do so. “
Granny Godzilla
May 10th, 2010
9:49 am
Elene Kagans marital status is exactly the same as the recently retired
Justice David Souter.
Dave
May 10th, 2010
9:49 am
Elena Kagan strategy: Avoid a big GOP fight
“Yet Kagan is highly unusual in one way — she has never been a judge. It’s the first time in nearly four decades that someone would join the court, if confirmed, without any prior judicial experience. The last to do so was William Rehnquist, who went on to become chief justice.
And that lack of experience — and the absence of a readily available paper trail of legal arguments and decisions — has some on the left, in particular, nervous about whether she is the kind of down-the-line liberal that they dreamed Obama would appoint. In addition, she has centrist bona fides from her work in the Clinton administration’s domestic policy shop, and has drawn worries from the left over her apparent willingness to give some Bush administration war-on-terror tools to the Obama White House.
One commentator, The Nation’s Ari Melber, told POLITICO: “As a lawyer, I think there is no doubt that: 1. Kagan is supremely qualified and merits confirmation by any standard. 2. Replacing [Justice John Paul] Stevens with Kagan moves the court to the right. Ergo, 3. The sum consequence of Obama’s first term appointments will be to advance qualified nominees through a respectable selection process that ultimately tilts the court a bit more to the right. Not the end of the world, but not what most Obama voters had in mind, either.””
Dave
May 10th, 2010
9:51 am
“Dave
At least give accuracy a shot….”
Hey, don’t shoot the messenger…. take it up with the writer of the article…
Dee keith
May 10th, 2010
9:51 am
I just wanna know how she feels about profiling every middle aged white guy in america who looks like Al Bundy. I wanna know if that’s constitutional, and if it is then we can move on to profiling the Bubba’s as well, and then maybe, just maybe we can put Georgia future on solid ground.
Test
May 10th, 2010
9:55 am
test test