It's Kagan

By James Morrow in Sydney

10 May 2010


Solicitor General Elena Kagan is reportedly Barack Obama's lastest nominee to the Supreme Court. It's an interesting pick: She has no bench experience, which could make her something of a cleanskin when it comes to confirmation hearings. Having already put the infamous "wise Latina" Sonia Sotomayor on the court, the vetting process for Kagan is sure to be interesting, given the lack of a traditional paper trail.

UPDATE: Apparently some on the Left are as, if not more, concerned about Kagan's lack of experience as those on the Right:

[G]iven that there are so many excellent candidates who have a long, clear commitment to a progressive judicial philosophy, why would Obama possibly select someone who -- at best -- is a huge question mark, and who could easily end up as the Democrats' version of the Bush-41-appointed David Souter, i.e., someone about whom little is known and ends up for decades embracing a judicial philosophy that is the exact opposite of the one the President's party supports? ... Why would any progressive possibly want to take risks like that given how large the stakes are, and given how many other excellent, viable candidates Obama can choose who have a long and clear record?

This was exactly the argument which conservatives such as David Frum made to force George Bush to withdraw Harriet Miers as his replacement for Sandra Day O'Connor and instead choose Sam Alito.

 As I said, this is sure to be interesting.

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