Tuesday, May 11, 2010

Elena Kagan - Supreme Court Nominee - Deserves the Nod


President Obama nominated a third woman to the US Supreme Court and this time he has picked a winner. For whatever reason he ran the risk of alienating his own liberal base by nominating one of the most personable people possible and perhaps because of her absence of a paper trail, meaning a load of written judicial decisions, our politicians seem to be concerned about her lack of litigation and judicial background.

However, such background is not required to be nominated and Kagan has demonstrated throughout her life that she is a highly intellectual, well grounded and broadly experienced woman well deserving of being the youngest to currently serve on the Supreme Court. You try graduating from Princeton, Oxford and Harvard Law school with honors.

She was the first female Dean of Harvard Law School breaking down the barriers to one of the most male dominated bastions in America. Her outstanding record there included being accused of balancing the philosophical bias of Harvard professors, she actually recruited conservatives to bring about balance.

She was a teacher and comes from a family of teachers including two brothers and her mother. There are already underground rumors about her which has no place in the nomination process. Her record as a Dean, teacher, White House counsel, domestic affairs specialist and Solicitor General give her a broad range of experience not normally found on the Supreme Court.

More than anything else she brings a ready smile and a wit, something missing in most federal appointments, along with a dedication to protecting the Constitution. Obama did her no favors in saying she would be an advocate against corporate bad guys, totally uncalled for and even the Washington Post blasted him for his poor choice of words. A good Supreme Court justice will set aside their own bias in ruling in support of the Constitution. Obama is supposed to be a Constitutional lawyers though his comments have got him in trouble before.

There is no indication Kagan will do anything but defend the Constitution and there is nothing more we can ask of a Supreme Court justice. We believe she is an excellent choice.

We also encourage the Republicans on the committee that must confirm her to avoid the partisan politics that often undermine the nomination process and not let the process revolve around ideological issues but be based on her ability to stick to the Constitutional interpretation role expected of the Supreme Court.

Give her a chance to help balance the court with reason and make history with the third current woman to be appointed to the court. Maybe with three women Justices facing him at the next State of the Union Obama can be more presidential and not take cheap shots at the independent court.


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