# Obama nominates Elena Kagan for Supreme Court **URL:** \ **Category:** Great Debates\ **Created:** [May 7, 2010, 6:56pm UTC](https://boards.straightdope.com/t/obama-nominates-elena-kagan-for-supreme-court/538669 "2010-05-07T18:56:22Z")\ **Posts on this page:** 20\ **Page:** 6
**Author:** ![Euphonious\_Polemic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/euphonious_polemic/32/3002_2.png) [@Euphonious\_Polemic](https://boards.straightdope.com/u/Euphonious_Polemic)\ **Post date:** [May 10, 2010, 10:41pm UTC](https://boards.straightdope.com/t/obama-nominates-elena-kagan-for-supreme-court/538669/101 "2010-05-10T22:41:54Z")
> [@Czarcasm](#): > > Who will be the first commentator to make the claim that, although she has never served on the bench, she is an activist judge? I’m not sure if this has been posted yet in this thread: > [@](#): > > Alabama Sen. Jeff Sessions told POLITICO that Kagan’s “activist” background could be a significant impediment for GOP support. ETA: Activist, ACTIVIST, **ACTIVIST**!!! Socialist communist nazi, argle bargle blahshhshsh ---
**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\ **Post date:** [May 11, 2010, 12:11am UTC](https://boards.straightdope.com/t/obama-nominates-elena-kagan-for-supreme-court/538669/102 "2010-05-11T00:11:35Z")
> [@Marley23](#): > > I think this hijack has been exhausted. Let’s move on. I think what you meant to say was, “I think you’ve made your point, counsel. Move along, please.” 😉 ---
**Author:** ![E-Sabbath](https://avatars.discourse-cdn.com/v4/letter/e/e19adc/32.png) [@E-Sabbath](https://boards.straightdope.com/u/E-Sabbath)\ **Post date:** [May 11, 2010, 12:17am UTC](https://boards.straightdope.com/t/obama-nominates-elena-kagan-for-supreme-court/538669/103 "2010-05-11T00:17:21Z")
Well, there is a lack of geographical diversity on the court, now. It’s all New York. Brooklyn, Bronx, Queens, Manhattan. Four of the five represented. ---
**Author:** ![Richard\_Parker](https://avatars.discourse-cdn.com/v4/letter/r/35a633/32.png) [@Richard\_Parker](https://boards.straightdope.com/u/Richard_Parker)\ **Post date:** [May 11, 2010, 12:22am UTC](https://boards.straightdope.com/t/obama-nominates-elena-kagan-for-supreme-court/538669/104 "2010-05-11T00:22:44Z")
I am stunned at how inept the RNC’s response has been so far. They had _years_ to prep for Kagan, who has been on the shortlist since inauguration, virtually. They certainly knew she was on the short list since Sotomayor’s nomination. And [this](http://www.americablog.com/2010/05/gop-attacks-kagan-by-defending-slavery.html) is among their central critiques: > [@](#): > > Kagan quoted from a speech Marshall gave in 1987 in which he said the Constitution as originally conceived and drafted was ‘defective.’ . . . Does Kagan Still View Constitution ‘As Originally Drafted And Conceived’ As ‘Defective’ In their very first press [release](http://voices.washingtonpost.com/plum-line/2010/05/michael_steele_attacks_kagans.html) they ham-handedly deride her for thinking the original draft of the Constitution was defective? I mean, really? Their months of oppo research came up with the stunning revelation that Kagan recognizes the problem of slavery in American history? Even if they really meant to convey that Kagan was in favor of courts fixing the Constitution instead of amendments – their post hoc explanation for this argument – they couldn’t spare a few moments before issuing the longcoming press release to make sure they weren’t giving the wrong impression by asking “Does she still think the Constitution as originally drafted was defective?” ---
**Author:** ![Diogenes\_the\_Cynic](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@Diogenes\_the\_Cynic](https://boards.straightdope.com/u/Diogenes_the_Cynic)\ **Post date:** [May 11, 2010, 12:51am UTC](https://boards.straightdope.com/t/obama-nominates-elena-kagan-for-supreme-court/538669/105 "2010-05-11T00:51:07Z")
Man, I _really_ hope they try pushing on this angle. Attacking her for agreeing with Thurgood Marshall that slavery was bad? They don’t usually leave their chins that wide open. That is unusually stupid even for them. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [May 11, 2010, 1:19am UTC](https://boards.straightdope.com/t/obama-nominates-elena-kagan-for-supreme-court/538669/106 "2010-05-11T01:19:58Z")
> [@spoke-](#): > > _ **By definition,** _ law students are Constitutional law scholars. So I have a background as a Constitutional scholar? Cool. ---
**Author:** ![Snarky\_Kong](https://avatars.discourse-cdn.com/v4/letter/s/a183cd/32.png) [@Snarky\_Kong](https://boards.straightdope.com/u/Snarky_Kong)\ **Post date:** [May 11, 2010, 1:29am UTC](https://boards.straightdope.com/t/obama-nominates-elena-kagan-for-supreme-court/538669/107 "2010-05-11T01:29:03Z")
> [@Bricker](#): > > So I have a background as a Constitutional scholar? > > Cool. So does every person that graduated high school in the US. ---
**Author:** ![Lakai](https://avatars.discourse-cdn.com/v4/letter/l/9de0a6/32.png) [@Lakai](https://boards.straightdope.com/u/Lakai)\ **Post date:** [May 11, 2010, 1:36am UTC](https://boards.straightdope.com/t/obama-nominates-elena-kagan-for-supreme-court/538669/108 "2010-05-11T01:36:21Z")
Kagan is going to fly through the nomination. It’s an election year, so Republicans will have to flex their conservative bona fides by bitching about an Obama nominee to their brain dead constituents. In reality there is nothing that moderates can object to about Kagan. She’s well qualified and doesn’t have any extreme positions about interpreting the law. I think the GOP will just embarrass themselves like they did with Sotomayor by objecting to a really moderate candidate and making themselves look like a fringe party. ---
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [May 11, 2010, 2:00am UTC](https://boards.straightdope.com/t/obama-nominates-elena-kagan-for-supreme-court/538669/109 "2010-05-11T02:00:01Z")
> [@Lakai](#): > > Kagan is going to fly through the nomination. > > It’s an election year, so Republicans will have to flex their conservative bona fides by bitching about an Obama nominee to their brain dead constituents. Just out of curiosity, would you describe Obama’s opposition to John Roberts as flexing his liberal bona fides by bitching about a Bush monmiee to his “brain dead” constituents? ---
**Author:** ![Lakai](https://avatars.discourse-cdn.com/v4/letter/l/9de0a6/32.png) [@Lakai](https://boards.straightdope.com/u/Lakai)\ **Post date:** [May 11, 2010, 2:15am UTC](https://boards.straightdope.com/t/obama-nominates-elena-kagan-for-supreme-court/538669/110 "2010-05-11T02:15:20Z")
> [@John\_Mace](#): > > Just out of curiosity, would you describe Obama’s opposition to John Roberts as flexing his liberal bona fides by bitching about a Bush monmiee to his “brain dead” constituents? Of course not. ---
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [May 11, 2010, 2:19am UTC](https://boards.straightdope.com/t/obama-nominates-elena-kagan-for-supreme-court/538669/111 "2010-05-11T02:19:55Z")
> [@Lakai](#): > > Of course not. Right. ---
**Author:** ![Qin\_Shi\_Huangdi](https://avatars.discourse-cdn.com/v4/letter/q/f04885/32.png) [@Qin\_Shi\_Huangdi](https://boards.straightdope.com/u/Qin_Shi_Huangdi)\ **Post date:** [May 11, 2010, 2:52am UTC](https://boards.straightdope.com/t/obama-nominates-elena-kagan-for-supreme-court/538669/112 "2010-05-11T02:52:21Z")
If she is at least not a centrist on abortion I cannot support her. If she’s a centrist (ie supporting parental consent, giving states more say on abortion) I might support her to prevent a more pro-abortion judge. ---
**Author:** ![Polycarp](https://avatars.discourse-cdn.com/v4/letter/p/82dd89/32.png) [@Polycarp](https://boards.straightdope.com/u/Polycarp)\ **Post date:** [May 11, 2010, 3:05am UTC](https://boards.straightdope.com/t/obama-nominates-elena-kagan-for-supreme-court/538669/113 "2010-05-11T03:05:42Z")
> [@Curtis LeMay](#): > > If she is at least not a centrist on abortion I cannot support her. If she’s a centrist (ie supporting parental consent, giving states more say on abortion) I might support her to prevent a more pro-abortion judge. Define what in your understnding a SCOTUS justice does. Not a putdown; I want to see if you understand what you’re expecting her to rule in favor of. ---
**Author:** ![Una\_Persson](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/una_persson/32/346_2.png) [@Una\_Persson](https://boards.straightdope.com/u/Una_Persson)\ **Post date:** [May 11, 2010, 3:22am UTC](https://boards.straightdope.com/t/obama-nominates-elena-kagan-for-supreme-court/538669/114 "2010-05-11T03:22:58Z")
> [@John\_Mace](#): > > Right. Looks like you won. ~ On further research, it appears that the nominee has more experience than I thought. I still have misgivings, but not as much as before. I also wonder to what extent the centrist leanings of this nominee as being reported in the press are real, and to what extent they are spin. It seems to me that adding her to the Supreme Court will likely result in a case of the status quo, so I can’t get too bothered by it either way. I’m glad **Mr. Moto** brought up the case of Rehnquist, but I don’t know that the exception proves the rule. It might also beg the question of what the bare minimum level of experience is required, the answer to which I’m sure varies considerably depending upon whether one voted for the President who makes the nomination, or whether one did not. ---
**Author:** ![Spoke](https://avatars.discourse-cdn.com/v4/letter/s/a88e57/32.png) [@Spoke](https://boards.straightdope.com/u/Spoke)\ **Post date:** [May 11, 2010, 3:23am UTC](https://boards.straightdope.com/t/obama-nominates-elena-kagan-for-supreme-court/538669/115 "2010-05-11T03:23:53Z")
> [@Bricker](#): > > So I have a background as a Constitutional scholar? > > Cool. Well, some are less scholarly than others. 😉 ---
**Author:** ![Qin\_Shi\_Huangdi](https://avatars.discourse-cdn.com/v4/letter/q/f04885/32.png) [@Qin\_Shi\_Huangdi](https://boards.straightdope.com/u/Qin_Shi_Huangdi)\ **Post date:** [May 11, 2010, 3:42am UTC](https://boards.straightdope.com/t/obama-nominates-elena-kagan-for-supreme-court/538669/116 "2010-05-11T03:42:39Z")
> [@Polycarp](#): > > Define what in your understnding a SCOTUS justice does. Not a putdown; I want to see if you understand what you’re expecting her to rule in favor of. To rule in favour of the rights of people as per the Tenth Amendment. ---
**Author:** ![Lakai](https://avatars.discourse-cdn.com/v4/letter/l/9de0a6/32.png) [@Lakai](https://boards.straightdope.com/u/Lakai)\ **Post date:** [May 11, 2010, 4:00am UTC](https://boards.straightdope.com/t/obama-nominates-elena-kagan-for-supreme-court/538669/117 "2010-05-11T04:00:46Z")
> [@John\_Mace](#): > > Right. Here are the confirmation votes for centrist Justices: Stephen Breyer (87–9), David Souter (90–9), Ruth Bader Ginsburg (96–3), Anthony Kennedy (97–0), and Sandra Day O’Connor (99–0). The vote for Sotomayor was 68–31. I believe this was the result of Republican politicians pandering to brain dead constituents. When Democrats vote against a moderate and qualified judicial nominee then I will assume that they’re pandering too. Opposition to a conservative nominee like Roberts is not the same thing as opposing a well qualified moderate. ---
**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\ **Post date:** [May 11, 2010, 4:20am UTC](https://boards.straightdope.com/t/obama-nominates-elena-kagan-for-supreme-court/538669/118 "2010-05-11T04:20:32Z")
> [@E-Sabbath](#): > > Well, there is a lack of geographical diversity on the court, now. > > It’s all New York. Brooklyn, Bronx, Queens, Manhattan. Four of the five represented. Heh. A guy on NPR said today, “It’s time for America’s heartland to have a seat on the Supreme Court. How could they have forgotten Staten Island?” ---
**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\ **Post date:** [May 11, 2010, 4:22am UTC](https://boards.straightdope.com/t/obama-nominates-elena-kagan-for-supreme-court/538669/119 "2010-05-11T04:22:35Z")
> [@Lakai](#): > > Here are the confirmation votes for centrist Justices: Stephen Breyer (87–9), David Souter (90–9), Ruth Bader Ginsburg (96–3), Anthony Kennedy (97–0), and Sandra Day O’Connor (99–0). Can I ask who considers Breyer and Ginsburg centrist? If that’s your starting point I think your results are going to be skewed. As a senator, Obama made a calculation to vote against Roberts even though he was very well qualified. Ideologically he was opposed to him. By the way, five years after O’Connor, Scalia was confirmed 98-0, but he’s not on your list. The bottom line is that the days of judges being confirmed unanimously or by 9-to-1 margins are over and it’s not going to happen again for the foreseeable future. ---
**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\ **Post date:** [May 11, 2010, 4:32am UTC](https://boards.straightdope.com/t/obama-nominates-elena-kagan-for-supreme-court/538669/120 "2010-05-11T04:32:19Z")
I just realized that when Kagan replaces Stevens there will be **not one WASP left** on the SCOTUS! :eek: [Previous page](https://boards.straightdope.com/t/obama-nominates-elena-kagan-for-supreme-court/538669.md?page=5) [Next page](https://boards.straightdope.com/t/obama-nominates-elena-kagan-for-supreme-court/538669.md?page=7)