Bad news: Justice Kagan

Glenn Greenwald pulls no punches on the news that Obama is picking Elena Kagan for the Supreme Court:

It’s anything but surprising that President Obama has chosen Elena Kagan to replace John Paul Stevens on the Supreme Court.  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.

The New York Times this morning reports that “Mr. Obama effectively framed the choice so that he could seemingly take the middle road by picking Ms. Kagan, who correctly or not was viewed as ideologically between Judge Wood on the left and Judge Garland in the center.”  That’s consummate Barack Obama.  The Right appoints people like John Roberts and Sam Alito, with long and clear records of what they believe because they’re eager to publicly defend their judicial philosophy and have the Court reflect their values.  Beltway Democrats do the opposite:  the last thing they want is to defend what progressives have always claimed is their worldview, either because they fear the debate or because they don’t really believe those things, so the path that enables them to avoid confrontation of ideas is always the most attractive, even if it risks moving the Court to the Right. 

Kind of sounds like the move of the Court to the right is not a risk with Kagan, it’s a certainty. Super.

2 thoughts on “Bad news: Justice Kagan”

  1. How right-leaning can she be if Obama is appointing her. On a side note, shouldn’t have Greenwald have addressed the president as “President Obama” instead of “Mr. Obama?”

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