More Than We Expected?

The President has announced his nominee for the Supreme Court seat of the retiring John Paul Stevens. What a shock, he has picked another woman and thus according to him this will  make the court look more like the  country than ever before. But would Solictor General Elena Kagan actually do that? Perhaps we should take a closer look.

Now, upfront we should note that these descriptions are not meant as criticisms of the nominee, but as observations in light of what the President said. Ms Kagan is Jewish which will mean  the Court would have 6 Catholics and 3 Jews. She is single and in fact has never been married. Unlike Justice Sotomayor whose humble upbringing was repaetedly stressed, Ms Kagan  is the polar opposite. She is, as the New York Times puts it, “a creature of Manhattan’s liberal, intellectual Upper West Side; hardly a typical upbringing. She served on the faculty of the Chicago University Law School with guess who? Yep, Barack H Obama.  How about that for irony or wonder if this is fulflling  a long range goal since Kagan was on the nominee short list last time around.

So, maybe the Court will not really look more like America but just seem to . What is interesting is somethinmg that Rush brings up. Not sure if I agree wholeheatedly but it sounds very plausible. He maintains that Obama is in fact nominating himself. It has been noted that they  served on the law school faculty together and it seems that her record or lack of same mirrors that of the President before he was elected. She has as her judicial hero  the late Thurgood Marshall and adheres very strongly to his  philosophy that the Court should exist almost solely for the benefit of  the “despised and disadvantaged,” whomever the Court perceives those to be. She is reputed to be post partisan, a consensus builder, as was the president. Perhaps more telling is how she views the Constitution. And how is that? Kinda hard to say, given the paucity of the written record. But, hazarding a guess, I would use the words  living and changing in there somewhere along with oh, maybe the framers didn’t really do all that great a job but we have surely improved it.

But, in all lilklihood, she will be confirmed even if all Republicans  vote no, which they will not. But what will be interesting is if the topic of same-sex marriage comes up. Ms Kagan is actually on the record here. And her view is not that of the typical liberal. That just might liven up the proceedings a bit.