Monday, May 10, 2010

Thoughts on the Elena Kagan Nomination

It's hard to get too worked up about this Supreme Court nomination. First off, since we are replacing John Paul Stevens, it's not likely that we are going be stuck with someone much worse. Second, with Obama doing the nominating, we know that we are going to get someone either bad, or really bad. The question is, which category does Kagan fall into?

As many are now pointing out, there isn't a huge amount to go on when evaluating Kagan as a potential Supreme Court justice. I've been skimming through the left-wing blogosphere, and I don't see anyone cheering. Some are outright disappointed. That's a good sign. Unless new information comes out, I view this nomination much as I did that of Justice Sotomayor. We are replacing one liberal justice with another. Unless there is some way for the GOP to block the nomination and force the president to send a more moderate nominee -- and I don't think there is -- there's no point of a major Republican fight against Kagan.

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