President Picks Elena Kagan For Court

President Obama has made his pick to replace Justice John Paul Stevens on the United States Supreme Court. He chose Solicitor General Elena Kagan. This was no surprise since it has been rumored for the last few days, but it does seem to have upset many on both the right and the left. I expected the Republicans to complain no matter who the president chose, but I am a little surprised about the complainers on the left.

It seems that some are upset that she doesn't have a long judicial record showing liberal decisions. Personally, I'm going to trust the president on this pick. Ms. Kagan (pictured) does have a pretty impressive resume, and many of the positions she has held don't lend themselves to taking political sides (such as Solicitor General, Dean of Harvard Law School and Supreme Court clerk). Once she's on the court, I think we'll find her at least as liberal as Justice Stevens (she did oppose Don't Ask, Don't Tell before it was popular to do so).

As for the Republicans, seven of them actually voted for Ms. Kagan to be Solicitor general -- Senators Coburn (Oklahoma), Gregg (New Hampshire), Collins (Maine), Hatch (Utah), Kyl (Arizona), Lugar (indiana) and Snowe (Maine). It's anybody's guess as to whether they will again vote for her, but I expect at least some will (Kyl has already said he might not).

All the Republicans will have to put on a show. They know that a large part of their party is composed of teabaggers, and they'll want to give them a good show before capitulating. But I don't see any real reason why Ms. Kagan wouldn't be approved. The three objections they've come up with so far seem pretty weak.

First, they accuse her of denigrating the Constitution. This comes from her quoting and agreeing with a statement made by the legendary Thurgood Marshall (for whom she clerked at the Supreme Court). Justice Marshall said the Constitution was defective in its original form. This statement has right-wing heads exploding, but it's still the truth. The original version of the Constitution allowed slavery, counted slaves as only 3/5 of a person and denied the right to vote to women and minorities.

Like it or not, that sounds pretty defective to me. It was only after several amendments (especially the Fourteenth Amendment) that the Constitution became the wonderful document that we all love and respect. Today, the Constitution guarantees equality to all American citizens -- not just white men.

Second, some are saying she doesn't have enough judicial experience. This is just a silly argument. The same charge could have been leveled at Earl Warren, but that didn't stop him from becoming one of our greatest justices. The fact is that her experience as a law clerk for the Supreme Court, law professor, Dean of Harvard Law School and Solicitor General shows she has a thorough grasp of the law. That is enough.

Third, some right-wingers don't like her because they believe she is a lesbian. Two right-wing organizations, the American Family Association and the Americans for Truth, have made the accusation and are wanting senators to ask her about it. I doubt any senator will be indecent enough to ask that question, but if they do she should just tell them her sex life is none of their business. Personally, I don't care what her sexual preference is, and neither should anyone else.

If this is the worst the naysayers can come up with, then Ms. Kagan shouldn't have too much trouble getting confirmed. There will be a lot of weeping and gnashing of teeth by Republicans, but it will be mainly to impress their right-wing base. In the end, we will see a third woman seated on the court, and that's a good thing.