Monday, May 10, 2010

The Supreme Court: Elena Kagan for Associate Justice

There is nothing in politics like an election year appointment to the Supreme Court of the United States (SCOTUS).  The only way this could get more divisive would be if it were a presidential election year.  Though, Obama did make a very practical choice under the current circumstances.  Here is my take on the nomination:

THE GOOD:
1) She is a Moderate, and is expected to be able to bring together coalitions among the liberal and conservative justices.  Though I'm not sure where that will come from, considering the block of four staunch conservatives.  Basically, everyone is saying she can manipulate Kennedy.
2) She is VERY well qualified.  She has served in just about every sector of the legal profession from a private firm to academia, then to the White House, then back to Academia where she served as the Dean of Harvard Law School, then back to the White House.
3) She has exceptional credentials.  Princeton, to Oxford (Masters), to Harvard Law.
4) She is NOT a sitting judge.  Seriously, it's about time we got away from only hiring our SCOTUS justices from the circuit bench.
5) She is a WOMAN!!  The historic nomination of a second woman will bring the total count of women on the court to 3 out of 9 total.  Hopefully, future presidents will follow his lead and continue to nominate women.  I wouldn't be opposed to a court of 9 women!

THE BAD:
1) Obama is replacing the last of the great liberal powerhouses in any branch of government with a moderate.  In a time when conservatives are nominating and electing the fringe, replacing a mega-liberal with a left-leaning moderate continues the courts slide toward the disastrous conservative decisions like Citizens United.  Another moderate makes it more likely that there will be more guns on the streets, more religious entanglement in government, and less freedom for under-protected groups.  I understand that Obama is a moderate, but he should also be protecting the balance of the court, not helping the neo-con buttheads do irreparable harm to the constitution.

Overall,
I give this nomination a "B+", solid and well thought out, but still not great.  We continue to wait for our liberal Scalia.

Common Sense

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