Thursday, May 13, 2010

Kagan and the Supremes

So it's Kagan. All in all, I'm pleased and optimistic. When I speculated on an appointment, I said that we needed someone who could surprise us; someone who hadn't already locked in her positions. That someone could be Kagan. Since she's never served on a court before even though much is known about her she's a bit of a wild card. She's also certainly female, apparently jewish, only 50 (a spring chicken in supreme court terms) and possibly lesbian.

My husband informs me that if she's sworn in (and she probably will be), it'll mark the first time we've had not a single protestant on the court (mostly catholic, a coupla other jews)--wild!

The single best thing I've heard about Kagan is probably that she clerked for the late great Supreme Court Justice Thurgood Marshall and considered him her hero. He's one of mine too, and she couldn't have picked a better one. He "did more to promote justice over the course of his legal career than did any lawyer in his lifetime," Kagan said earlier this week.

I think it's a good pick by Obama. Especially if she turns out to be a lesbian (sources tell me she's widely believed to be--maybe not quite actor David Hyde Pierce who was known to live with and go everywhere with a handsome man on his arm. When asked if he was gay, he replied, "my life's an open book but I'm not going to read it to anyone"). The right was going to throw a fit anyway. Might as well put someone on who really rattles their cages.

I also think it's an advantage that as a prior legislative, executive and judicial staffer and dean of Harvard Law School she's obviously developed serious political skills. Maybe Kagan is basically who Obama would pick if he were lucky enough to nominate a Chief Justice to the court. In a small body of 9, one person who really knows how to create consensus can make all the difference. Look for young energetic Kagan to forge unlikely majority or plurality opinions on key issues (which is about as good as we're going to get with this bunch).

Now we can hold our breaths and pray for her to be confirmed, and for her to come out as an avowed lesbian communist. In that order...

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