Conservatives Attack Elena Kagan

Before her nomination, Elena Kagan was supported by the National Review and Bill Kristol among other conservatives. To the disappointment of the Left, she had recruited conservative law professors to teach at Harvard Law School, where she was dean. But now that she's actually been nominated, conservatives must mouth the talking points of the lunatic fringe.

Besides Michael Steele's attack on her for criticizing slavery, the Christianists have entered the fray. Focus on (Your) Family basically said she was a liberal activist with no judicial experience. But her real Achilles Heel was her"emotional and legal commitment to the LGBT agenda". Notice how nicely they worded this.

The American Family Association was more forthright. "We can not have another sexually abnormal individual in a position of important civic responsibility." What about Diaper Dave Vitters and his lingerie collection? "Social conservatives must rise up and say no lesbian is qualified to sit on the Supreme Court."

Sarah Palin didn't even go there. American law should be based on "the God of the Bible and the Ten Commandments. Judeo- Christian belief is the basis for America and we should be using it as a guiding force for creating all future legislation."

A FYI--40 out of 112 Supreme Court Justices did not have prior judicial experience. The last one you might recall was William Reihnquist, the former Chief Justice. There is absolutely no requirement for a Supreme Court justice to be either a judge or a lawyer.

Conservatives are also attacking her for her position against DADT, saying that the U.S. military discriminates against gays. As to her gayness, the Republicans had circulated a statement to CBS news when she was being considered saying she would be the first openly gay on the Supreme Court. At that time the White House demanded CBS take it down and said that she wasn't. Who knows and who cares?

She has also said that military commissions were lawless, which is correct. But she disturbs me by saying that some terrorist detainees can be detained indefinitely without trial. She also seems to hold views of the power of the Presidency which are excessive but not in the realm of the unitary executive treachery of Johnny Yoo and Dick Cheney.

While I wanted my lady heroine Elizabeth Warren nominated she suffered from the Ariana Huffington hex, Elena Kagan is more than qualified and she would remain liberal on social issues such as pro-choice and civil rights. If Obama had wanted to make a real point and provoke hysteria, he would have nominated a native American like I suggested in a post last year before the Sotomayor nomination. Preferably a tall Navaho who would look like Chief Dan George and who could call Clarence Thomas "Chuckles". But America is not secure enough for an American Indian on the bench.

In my mind, this was a small "p" political nomination of someone who could actually talk to the other side. As I've written before, unless Roberts suffers another epilepsy attack, the court will remain right for the next two judges. I also think he was putting in place someone who really would replace Judge Ginzberg now leaving him flexibility later.