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...

Who's Earl Warren, 2010?

Caveat: different versions of this same rant can no doubt be found all over the internet for the past few weeks. I have not read them. This is just my obligatory rant on the Supreme Court.

I am sick of the White House and Senate Dems whining that they have to put up a "safe" choice that the Republicans will go for in order to get a confirmation on a Supreme Court Nominee because they "only" have 59 votes in the Senate. That is ludicrous. Democrats control the White House and they control the Senate. They can and should appoint and confirm someone to the highest court that reflects Democratic values, someone (as late liberal Senator Paul Wellstone used to say he was) from the "Democratic wing of the Democratic party."

When Republicans controlled the Senate and White House they used it to pack the court with young far right conservatives. You've all heard about the "balanced" supreme court? It has the right, the center and the far right. Well, it's time for some real balance on the court. It's time for the Democrats to put up some young pup that is a left-wing wacko that somehow passes muster.

The trouble is that none of the "fully vetted" people who are already on the federal bench are going to fit the bill by definition because if they were demonstrably far left they wouldn't have been appointed. Also the conventional wisdom is that we're never going to have any more surprise justices like Souter (appointed by Bush I and then moved from right to center) or Earl Warren (appointed by Eisenhower and then moved from center to left; pictured at right).

The Dems are terrified of nominating someone with a skeleton in their closet and then having it haunt them in the November elections. I, for one, would prefer that they'd be a little more scared of losing any semblance of civil liberties in this country and a little less scared about their own electoral hide.

For the love of God, President Obama: look under every rock, listen to your highest inner wisdom, cement your legacy, by finding and naming the next Earl Warren (preferably less white and less male).