Kagan

Seems like the White House has leaked that Elena Kagan will be the SCOTUS  nominee.

I’ve mentioned this before, but it bears repeating; this is a bad pick. It’s not Harriet Miers bad – I don’t see the Democrats derailing her, especially after Obama’s health care win – but it’s a definite missed opportunity for Obama to put an unambiguously liberal justice on the court when the Senate is helpless to stop him. I was hoping for Diane Wood. Oh well.

I don’t know what Kagan’s positions are on the vast majority of the Constitution. That’s not good at all.  She also has no trial experience or judicial experience, save her brief time as Solicitor General. That’s also not good at all.

I do know, however, that she has a record of being sympathetic to wanton extensions of executive power, which fits very well with the court’s conservative wing. And that pretty much cuts it; any liberal justice is going to be better than any conservative justice, but the big decisions to come are going to revolve around what our already-jacked-up Presidency is allowed to do. And on those, I can’t see much reason to trust her.

Leave a Reply