Obama Nominates Elena Kagan to be Next Supreme Court Justice

[Frodo]

Obama picks Elena Kagan as Supreme Court nominee

By Robert Barnes and Anne E. Kornblut
Washington Post Staff Writer
Sunday, May 9, 2010; 11:05 PM

President Obama plans to nominate Solicitor General Elena Kagan to be the 112th justice of the Supreme Court, a source said late Sunday night.

Kagan, 50, the former dean of Harvard Law School, would become the fourth woman to serve on the high court; if confirmed, it would mean that three women would serve on the nine-member court for the first time.

The choice was first reported by NBC News.

In replacing Justice John Paul Stevens, Obama would also be breaking with tradition. Every other member of the court is a former federal appeals court judge, and Kagan has never served in the judiciary. The last time a non-judge was appointed was 1972, when President Richard M. Nixon nominated William H. Rehnquist and Lewis Powell in the same year.

Kagan is the government's top appellate lawyer and representative at the Supreme Court. She was confirmed last year by the Senate in a 61 to 31 vote, and was the first woman confirmed to hold the job.

Obama considered a list of about 10 people for the job. He and Vice President Biden interviewed three others, all federal appeals judges: Merrick Garland of the District of Columbia; Diane Wood of Chicago and Sidney Thomas of Montana, who serves on the 9th Circuit in San Francisco.

[Bo]

I'm glad Obama didn't pick Wood.

[○∙◄☻¥tπ[╪AV┼cVê└]

Another fail from Obama. Maybe when the Republicans gain 6 Senate seats, he'll appoint Robert Bork.

[Meeker]

I think we need a "No Fat Chicks" rule from now on.

[nclib]

I'm [not] glad Obama didn't pick Wood. []

Obama had nothing to lose by going with a liberal. The conservative base is most energized anyway, and nominating Wood would have excited the liberal base. The SC already had a rightward lean, and the nominee replaces one of the more (or most) liberal justice. Also, the Senate is as Democratic as it will be for some time.

[○∙◄☻¥tπ[╪AV┼cVê└]

I'm [not] glad Obama didn't pick Wood. []

Obama had nothing to lose by going with a liberal. The conservative base is most energized anyway, and nominating Wood would have excited the liberal base. The SC already had a rightward lean, and the nominee replaces one of the more (or most) liberal justice. Also, the Senate is as Democratic as it will be for some time.

Liberals are not Obama's base. Goldman Sachs is.

[Vepres]

Another fail from Obama. Maybe when the Republicans gain 6 Senate seats, he'll appoint Robert Bork.

Please. It's bad that he picks judges based on qualities other than ideology? Get real.

[RI]

I'm [not] glad Obama didn't pick Wood. []

Obama had nothing to lose by going with a liberal. The conservative base is most energized anyway, and nominating Wood would have excited the liberal base. The SC already had a rightward lean, and the nominee replaces one of the more (or most) liberal justice. Also, the Senate is as Democratic as it will be for some time.

Wood supporting partial-birth abortion =

I know my opinion doesn't count for much, but I'm very relieved Obama selected Kagan over Wood. I don't know what I would have done if he had picked Wood, but I am extremely relieved that we won't have to cross that bridge.

Plus, I'm not certain Wood could get past the almost inevitable filibuster.

[Marokai Backbeat]

Another fail from Obama. Maybe when the Republicans gain 6 Senate seats, he'll appoint Robert Bork.

Please. It's bad that he picks judges based on qualities other than ideology? Get real.

And Wood was a potential pick based on ideology and not qualifications? Please. Kagan is a moderate hero pick for the sake of a moderate hero pick and I fail to see how that's any better than what you're (incorrectly) complaining about.

[justW353]

Another fail from Obama.

I think we need a "No Fat Chicks" rule from now on.

These posts sum up my thoughts on this issue pretty well...

Goddammit, doesn't Obama realize that he's making a long term decision here?  He should have went for Wood. 

[Sam Spade]

Repost...

Haven't really read through the thread at all... but

Guess I'm going to have to read some of Kagan's briefs.  Ugh.  I need to see if she's the one that could counteract Roberts in the persuasion field - which seems to me what's he going after (along with nominating someone like himself).  What's not important for liberals are the positions espoused as Solicitor General, but rather the quality of her argument.

Diane Wood was the best intellectual by far of those nominated, but she's probably too old, and getting through confirmation would probably be quite difficult given some of her opinions.  I quite respect her work though.  She'd probably be divisive like Scalia were she to get on.  However, Scalia's divisiveness is often overrated, IMHO - he's made the most important changes to legal interpretation in the last 30 years of any person period.  And those changes have been for the better.

Merrick Garland would have coasted through confirmation but he's probably too moderate for those here.  I also think he's an excellent consensus-builder, but not a great legal mind or persuader.  He's kinda old too - henceforth another problem.

None of the other potentials were interesting to me.

PS:  Alito sucks as a justice, IMHO.  So does Sotomayor.  Roberts is a f-ing genius in persuasion and writing which is what so concerns Obama because Stevens was the only person able to counteract that.

[Bo]

Another fail from Obama. Maybe when the Republicans gain 6 Senate seats, he'll appoint Robert Bork.

Please, yes. Bork deserved to get on the SC decades ago. That stupid Ted Kennedy!

[Vepres]

Another fail from Obama. Maybe when the Republicans gain 6 Senate seats, he'll appoint Robert Bork.

Please. It's bad that he picks judges based on qualities other than ideology? Get real.

And Wood was a potential pick based on ideology and not qualifications? Please. Kagan is a moderate hero pick for the sake of a moderate hero pick and I fail to see how that's any better than what you're (incorrectly) complaining about.

I was pointing out jfern's stupidity in expecting Obama to pick a liberal. Besides, it makes sense he'd pick Kagan, we need more justices who weren't career judges prior to their appointment.

And didn't he personally know Kagan or something? Expecting another Stevens is stupid and not how our judicial nomination process should work.

[○∙◄☻¥tπ[╪AV┼cVê└]

Another fail from Obama. Maybe when the Republicans gain 6 Senate seats, he'll appoint Robert Bork.

Please. It's bad that he picks judges based on qualities other than ideology? Get real.

And Wood was a potential pick based on ideology and not qualifications? Please. Kagan is a moderate hero pick for the sake of a moderate hero pick and I fail to see how that's any better than what you're (incorrectly) complaining about.

I was pointing out jfern's stupidity in expecting Obama to pick a liberal. Besides, it makes sense he'd pick Kagan, we need more justices who weren't career judges prior to their appointment.

And didn't he personally know Kagan or something? Expecting another Stevens is stupid and not how our judicial nomination process should work.

What's unreasonable about expecting someone sort of liberal when there are only 41 Republican Senators and to replace the most liberal member of the court. I really would hate to see who Obama has in mind for some later replacements. Obama needs to give the liberals a reason to show up in November. He hasn't.

[Tuck!]

Another fail from Obama. Maybe when the Republicans gain 6 Senate seats, he'll appoint Robert Bork.

Please. It's bad that he picks judges based on qualities other than ideology? Get real.

And Wood was a potential pick based on ideology and not qualifications? Please. Kagan is a moderate hero pick for the sake of a moderate hero pick and I fail to see how that's any better than what you're (incorrectly) complaining about.

Kagan is the one with few qualifications, actually.

[Marokai Backbeat]

Another fail from Obama. Maybe when the Republicans gain 6 Senate seats, he'll appoint Robert Bork.

Please. It's bad that he picks judges based on qualities other than ideology? Get real.

And Wood was a potential pick based on ideology and not qualifications? Please. Kagan is a moderate hero pick for the sake of a moderate hero pick and I fail to see how that's any better than what you're (incorrectly) complaining about.

I was pointing out jfern's stupidity in expecting Obama to pick a liberal. Besides, it makes sense he'd pick Kagan, we need more justices who weren't career judges prior to their appointment.

And didn't he personally know Kagan or something? Expecting another Stevens is stupid and not how our judicial nomination process should work.

Once again, is Wood not perfectly qualified (if not moreso)? You know just as well as I do that the Kagan pick was a pick for political expediency, denying that is stupid. I fail to see how that is any better than picking a solid liberal for the sake of a solid liberal.

[○∙◄☻¥tπ[╪AV┼cVê└]

Another fail from Obama. Maybe when the Republicans gain 6 Senate seats, he'll appoint Robert Bork.

Please. It's bad that he picks judges based on qualities other than ideology? Get real.

And Wood was a potential pick based on ideology and not qualifications? Please. Kagan is a moderate hero pick for the sake of a moderate hero pick and I fail to see how that's any better than what you're (incorrectly) complaining about.

Kagan is the one with few qualifications, actually.

I guess Obama wanted his own Harriet Miers.

[Vepres]

Another fail from Obama. Maybe when the Republicans gain 6 Senate seats, he'll appoint Robert Bork.

Please. It's bad that he picks judges based on qualities other than ideology? Get real.

And Wood was a potential pick based on ideology and not qualifications? Please. Kagan is a moderate hero pick for the sake of a moderate hero pick and I fail to see how that's any better than what you're (incorrectly) complaining about.

I was pointing out jfern's stupidity in expecting Obama to pick a liberal. Besides, it makes sense he'd pick Kagan, we need more justices who weren't career judges prior to their appointment.

And didn't he personally know Kagan or something? Expecting another Stevens is stupid and not how our judicial nomination process should work.

What's unreasonable about expecting someone sort of liberal when there are only 41 Republican Senators and to replace the most liberal member of the court. I really would hate to see who Obama has in mind for some later replacements. Obama needs to give the liberals a reason to show up in November. He hasn't.

Didn't he run on being post partisan? He can't be both a liberal crusader and a consensus builder. He seems to prefer the latter.

Besides, think of how many of those Democrats are really liberal (by this boards left-leaning standards) anyway.

[Vepres]

Another fail from Obama. Maybe when the Republicans gain 6 Senate seats, he'll appoint Robert Bork.

Please. It's bad that he picks judges based on qualities other than ideology? Get real.

And Wood was a potential pick based on ideology and not qualifications? Please. Kagan is a moderate hero pick for the sake of a moderate hero pick and I fail to see how that's any better than what you're (incorrectly) complaining about.

I was pointing out jfern's stupidity in expecting Obama to pick a liberal. Besides, it makes sense he'd pick Kagan, we need more justices who weren't career judges prior to their appointment.

And didn't he personally know Kagan or something? Expecting another Stevens is stupid and not how our judicial nomination process should work.

Once again, is Wood not perfectly qualified (if not moreso)? You know just as well as I do that the Kagan pick was a pick for political expediency, denying that is stupid. I fail to see how that is any better than picking a solid liberal for the sake of a solid liberal.

I'm saying I don't care either way, and that it is stupid for anybody to care either (unless said pick would radically change the court's lean, which it doesn't).

[The Mikado]

Another fail from Obama. Maybe when the Republicans gain 6 Senate seats, he'll appoint Robert Bork.

Please. It's bad that he picks judges based on qualities other than ideology? Get real.

And Wood was a potential pick based on ideology and not qualifications? Please. Kagan is a moderate hero pick for the sake of a moderate hero pick and I fail to see how that's any better than what you're (incorrectly) complaining about.

I was pointing out jfern's stupidity in expecting Obama to pick a liberal. Besides, it makes sense he'd pick Kagan, we need more justices who weren't career judges prior to their appointment.

And didn't he personally know Kagan or something? Expecting another Stevens is stupid and not how our judicial nomination process should work.

What's unreasonable about expecting someone sort of liberal when there are only 41 Republican Senators and to replace the most liberal member of the court. I really would hate to see who Obama has in mind for some later replacements. Obama needs to give the liberals a reason to show up in November. He hasn't.

You're acting like Kagan isn't closer to where Obama actually is, which I'm pretty sure is the case.  Why should Obama pander rather than select a Justice that's roughly the same disposition he is?

[Vepres]

Another fail from Obama. Maybe when the Republicans gain 6 Senate seats, he'll appoint Robert Bork.

Please. It's bad that he picks judges based on qualities other than ideology? Get real.

And Wood was a potential pick based on ideology and not qualifications? Please. Kagan is a moderate hero pick for the sake of a moderate hero pick and I fail to see how that's any better than what you're (incorrectly) complaining about.

I was pointing out jfern's stupidity in expecting Obama to pick a liberal. Besides, it makes sense he'd pick Kagan, we need more justices who weren't career judges prior to their appointment.

And didn't he personally know Kagan or something? Expecting another Stevens is stupid and not how our judicial nomination process should work.

What's unreasonable about expecting someone sort of liberal when there are only 41 Republican Senators and to replace the most liberal member of the court. I really would hate to see who Obama has in mind for some later replacements. Obama needs to give the liberals a reason to show up in November. He hasn't.

You're acting like Kagan isn't closer to where Obama actually is, which I'm pretty sure is the case.  Why should Obama pander rather than select a Justice that's roughly the same disposition he is?

Indeed. As I said, Obama is naturally inclined towards consensus building, and he campaigned as such. He was never some liberal lion.

[Psychic Octopus]

Dumbass.

[The Mikado]

Dumbass.

Are you referring to the President as a "dumbass?"  Or to Ms. (Mrs?) Kagan?

[??????????]

Bork deserved to get on the SC decades ago.

Bork was a legal genius.

[Landslide Lyndon]

Another fail from Obama. Maybe when the Republicans gain 6 Senate seats, he'll appoint Robert Bork.

Please. It's bad that he picks judges based on qualities other than ideology? Get real.

And Wood was a potential pick based on ideology and not qualifications? Please. Kagan is a moderate hero pick for the sake of a moderate hero pick and I fail to see how that's any better than what you're (incorrectly) complaining about.

I was pointing out jfern's stupidity in expecting Obama to pick a liberal. Besides, it makes sense he'd pick Kagan, we need more justices who weren't career judges prior to their appointment.

And didn't he personally know Kagan or something? Expecting another Stevens is stupid and not how our judicial nomination process should work.

What's unreasonable about expecting someone sort of liberal when there are only 41 Republican Senators and to replace the most liberal member of the court. I really would hate to see who Obama has in mind for some later replacements. Obama needs to give the liberals a reason to show up in November. He hasn't.

You're acting like Kagan isn't closer to where Obama actually is, which I'm pretty sure is the case.  Why should Obama pander rather than select a Justice that's roughly the same disposition he is?

Well, the same was said about W. and Harriet Miers but the conservative base understandably wanted some more tangible evidence.