Monday, May 10, 2010

It is Kagan, not Diane Wood, for the Supremes :(

I would have voted for Diane Wood to replace the retiring Stevens.
Kagan?
Even Bill Clinton, who forever tried to appease everybody, nominated Ginsburg to the court--despite all her overt association with ACLU that, unfortunately, the "liberty loving" right tends to despise. (Yes, I am proud to be a card-carrying member of the ACLU!)

As one would expect, Glenn Greenwald is, well, not happy with the Kagan nomination; this opening paragraph sets the tone for the rest of his commentary (this guy is way too sharp!):
Nothing is a better fit for this White House than a blank slate, institution-loyal, seemingly principle-free careerist who spent the last 15 months as the Obama administration's lawyer vigorously defending every one of his assertions of extremely broad executive authority.  The Obama administration is filled to the brim with exactly such individuals -- as is reflected by its actions and policies -- and this is just one more to add to the pile.  The fact that she'll be replacing someone like John Paul Stevens and likely sitting on the Supreme Court for the next three decades or so makes it much more consequential than most, but it is not a departure from the standard Obama approach.
Dahlia Lithwick, at Slate, explains why Kagan makes everybody nervous:
With no judicial record to pore over, and some of the wonkiest law-review articles ever penned to her credit, Kagan has mastered the fine art of nearly perfect ideological inscrutability. Even Jeffrey Toobin, her law school study partner, has virtually no idea what she really believes.
How could such a track record be possible for somebody who will end up interpreting the Constitution for the rest of us?  I have no idea, and it is bizarre. Lithwick writes:
It's not at all clear from her record whether Kagan will someday prove to be the Jurist for the Little Guy or the Judge Who Bridged the Partisan Divide. There is ample evidence in her professional and academic record that she has ably managed to do both at different times, depending on the professional position she held and whose views she was representing. We will hear a good many testimonials in the coming weeks that Kagan has the heart of a progressive lion and the political skills of a diplomat. What remains to be seen is whether she will put the former to service in the interest of the latter—or vice versa.

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