May 10, 2010

IF YOU HAD MS KAGAN IN THE POOL SEND US AN EMAIL AND WE'LL SEND YOU A BOOK:

Kagan is nominee, Democrats say: Obama to announce high court choice today (Peter Baker, 5/10/10, New York Times)

President Obama will nominate Solicitor General Elena Kagan as the nation’s 112th justice, choosing his own chief advocate before the Supreme Court to join it in ruling on cases critical to his view of the country’s future, Democrats close to the White House said yesterday. [...]

In making his second nomination in as many years, Obama was not looking for a liberal firebrand as much as a persuasive leader who could attract the swing vote of Justice Anthony M. Kennedy and counter what the president sees as the rightward direction of the court under Chief Justice John G. Roberts Jr. Particularly since the Citizens United decision invalidating on free speech grounds the restrictions on corporate spending in elections, Obama has publicly criticized the court, even during his State of the Union address with justices in the audience.


The problem for the Left is that in appointing two single women to the bench Mr. Obama runs the risk that their collegiality will lead them into the arms of the conservative majority, which already has even Justice Breyer attending the Red Mass. They're especially unlikely to alienate the only "family" they'll now have.

Posted by Orrin Judd at May 10, 2010 6:04 AM
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