Obama Nominates Elena Kagan to be Next Supreme Court Justice

[○∙◄☻¥tπ[╪AV┼cVê└]

Another fail from Obama. Maybe when the Republicans gain 6 Senate seats, he'll appoint Robert Bork.

Please. It's bad that he picks judges based on qualities other than ideology? Get real.

And Wood was a potential pick based on ideology and not qualifications? Please. Kagan is a moderate hero pick for the sake of a moderate hero pick and I fail to see how that's any better than what you're (incorrectly) complaining about.

I was pointing out jfern's stupidity in expecting Obama to pick a liberal. Besides, it makes sense he'd pick Kagan, we need more justices who weren't career judges prior to their appointment.

And didn't he personally know Kagan or something? Expecting another Stevens is stupid and not how our judicial nomination process should work.

What's unreasonable about expecting someone sort of liberal when there are only 41 Republican Senators and to replace the most liberal member of the court. I really would hate to see who Obama has in mind for some later replacements. Obama needs to give the liberals a reason to show up in November. He hasn't.

You're acting like Kagan isn't closer to where Obama actually is, which I'm pretty sure is the case.  Why should Obama pander rather than select a Justice that's roughly the same disposition he is?

Well, the same was said about W. and Harriet Miers but the conservative base understandably wanted some more tangible evidence.

Sadly, I think that liberals are far less used to getting what they want than the far right, and won't bother to have much of an opposition, and Obama will get his crappy choice confirmed.

[Sam Spade]

Wow - just read through a couple of appellate briefs that she's put forth as Solicitor General.

They suck.

[The Mikado]

Wow - just read through a couple of appellate briefs that she's put forth as Solicitor General.

They suck.

Please enlighten us.  That's a legitimate criticism, unlike jfern's .

[??????????]

Wow - just read through a couple of appellate briefs that she's put forth as Solicitor General.

They suck.

I nominate your signature for the SCOTUS.

[Landslide Lyndon]

Wow - just read through a couple of appellate briefs that she's put forth as Solicitor General.

They suck.

It was no secret that her performance as Solicitor General was unimpressive, to say the least.
She was harshly rebuked more recently at the dog fighting video case.

[○∙◄☻¥tπ[╪AV┼cVê└]

Wow - just read through a couple of appellate briefs that she's put forth as Solicitor General.

They suck.

Please enlighten us.  That's a legitimate criticism, unlike jfern's .

Well, I should have been specific on my reasons. Her support for the unitary executive theory is troubling. Also, she seems too much like Harriet Miers. Obama shouldn't move the court this far to the right when a Republican retires.

[Sam Spade]

Wow - just read through a couple of appellate briefs that she's put forth as Solicitor General.

They suck.

Please enlighten us.  That's a legitimate criticism, unlike jfern's .

Poor legal argument, mediocre writing and not even an decent attempt at persuading the justices.  I'm shocked that this product is what is being presently produced by the SG, as both Ted Olson and Paul Clement were real pros at appellate practice. 

FYI, Ted Olson's brief in Bush v. Gore, which was produced in under 48 hours, is a astounding tour-de-force of appellate practice and is, IMO, required reading for any law student.

[Torie]

Team Olson was anticipating this, and that brief (which was brilliant, and superb prose), had been a work in progress long before the Florida Supremes did their expected thing.

[Bo]

Bork deserved to get on the SC decades ago.

Bork was a legal genius.

Exactly. The Democrats should have let him get into the SC and voted down Thomas, not the other way around.

[Sam Spade]

Team Olson was anticipating this, and that brief (which was brilliant, and superb prose), had been a work in progress long before the Florida Supremes did their expected thing.

I understand, but you still can't have it all written before bringing it up (though you can certainly have the outline).  Nevertheless, it was one of the best pieces of legal argument and persuasion ever.

Do you agree with me on Kagan?  I've batted 3 for 3 recently on adjudging Roberts, Alito and Sotomayor. 

The only annoying thing is that it means our SC jurisprudence will get worse, potentially much worse, in the upcoming years.

[Queen Mum Inks.LWC]

I'm ok with this.  It could be worse.

[Psychic Octopus]

Dumbass.

Are you referring to the President as a "dumbass?"  Or to Ms. (Mrs?) Kagan?

Mr. Obama. I believe that Wood would have been a better pick.

[Bo]

Dumbass.

Are you referring to the President as a "dumbass?"  Or to Ms. (Mrs?) Kagan?

Mr. Obama. I believe that Wood would have been a better pick.

For what reasons, specifically. Her experience, support of partial-birth abortion, Kagan's ties with Goldman Sachs, or something else?

[J. J.]

I'll be interested in the hearings. 

I'm not troubled too much by the lack of judicial experience.  Some of the rest of rest of it needs to be fleshed out.  I'd be interested in her academic papers.

[Ogre Mage]

I also think Wood would have been a better pick.  Kagan has very little record to go on and she almost always declines to answer when asked to give her opinion.  Essentially the President is telling us "trust me."  Of what we do know about her, some of it is reassuring, some of it is not.  Conveniently, she is quite amendable to executive power.

The best way to get onto the Supreme Court is to never say what you think about anything.

As for the hearings, she will simply obfuscate as much as possible. 

[The Dowager Mod]

And he dissapoints yet again.

[Joe Republic]

Fun fact:  If Kagan is confirmed, this will be the first time that the Supreme Court has not counted a Protestant among its membership.

Roberts, Scalia, Kennedy, Alito, Thomas and Sotomayor are Roman Catholics.  Ginsburg, Breyer and Kagan are Jewish.

[Swedish Rainbow Capitalist Cheese]

And he dissapoints yet again.

Yes indeed. Can you imagine Bush nominating a moderate judge without any conservative credentials or trac record, because the Democratic minority might make a fuzz about it.

[Iosif]

Self loathing liberals.

She's a solid progressive on social issues. That's all that matters really. She'll be a solid liberal on the court.

I'd have preferred Wood but lets not pretend that their voting records would be substantially different.

[Antonio the Sixth]

Wait... Obama nominated a conservative to replace a liberal in the Sureme court ?!?

WHAT... THE... F-CK ?

[Lunar]

Self loathing liberals.

She's a solid progressive on social issues. That's all that matters really. She'll be a solid liberal on the court.

I'd have preferred Wood but lets not pretend that their voting records would be substantially different.

Kagan is deferential to executive power.  Wood isn't.

Kagan has a remarkably blank record.  With Wood, we know what we're getting.

[Lunar]

Wow - just read through a couple of appellate briefs that she's put forth as Solicitor General.

They suck.

Yeah, and the Supreme Court has already treated some of her opinions presented to the Supreme Court with contempt. 

[Franzl]

Congratulations Obama!

[Lunar]

Congratulations Obama!

Yeah, when has rewarding a loyal White House staffer to the Supreme Court ever gone awry?

[Landslide Lyndon]

Wow - just read through a couple of appellate briefs that she's put forth as Solicitor General.

They suck.

Yeah, and the Supreme Court has already treated some of her opinions presented to the Supreme Court with contempt. 

The only area where she seems to excel is public relations. When you're compared to Harriet Miers, you know something has gone horribly wrong.

Obama may think that with her apparently good-natured and affable personality she will manage to persuade Kennedy to join the liberals more frequently. But then again if she failed miserably to do exactly that as Solicitor General, I can't see how she will manage it as a Justice.
Not to mention that Wood had a proven record of actually persuading conservatives to join her opinions.