Is Elena Kagan a good pick for the Supreme Court? She wouldn’t be my pick. My pick would be someone with judicial experience. Someone with experience in interpreting and deciding law. A supreme court nominee should be someone who advocates for the Constitution, not a lawyer whose experience is advocating for a client.
Having absolutely no track record to reference in terms of how she interprets law, we have to know what she thinks about the Constitution and her interpretation of it. Whether she thinks the Constitution is ‘the rule’ or ‘a guideline’ is paramount. And that will open up a lot of questions. Nothing against Elena Kagan, but considering who picked her and the track record of other Obama appointments, chances are that this choice is more political than judicial.
You don’t have to look any further than Eric Holder, Obama’s pick for Attorney General. Like Obama, Holder is in denial over the notion of who the enemy is in the war on terror. So he pics an AG with a career in defending them and who to this day, after halting the military tribunals in order to conduct the trials in the civilian court system, has not decided whether to try the Gitmo terrorists in New York City. Obama’s track record seems just as relevant in this pick as Kagan’s background and understanding of constitutional jurisprudence.
One thing getting buzz is the sexual orientation of Elena Kagan. Does it matter if she is a lesbian? As far as I’m concerned, that’s a non-issue for the position. But she will have to convince the Judiciary Committee and Congress that whatever her feelings are regarding homosexuality, that she will not let those feelings have sway in any decision before the court. Again, considering who picked her and with no judicial experience to examine, she has an uphill battle.
Is Elena Kagan the vehicle to assuage the gay community and to be used as such by the President, as ‘political’ as her pick seems to be? In all fairness and with all due respect to Ms. Kagan, the President should go against his own personal beliefs about the Constitution and pick an experienced jurist who Sen. Robert Byrd (D-WVa) would pick, an originalist.