Kagan Takes the Stand

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Elena Kagan: Supreme Court Justice?

With the announcement of the retirement of Associate United States Supreme Court Justice John Paul Stevens on April 9th, President Barack Obama found himself with the second Supreme Court Nomination of his first two years in office. He did not make the country wait long for his choice as a replacement and on May 10th President Obama officially nominated US Solicitor General Elena Kagan to be the 4th woman to sit on the country's highest bench. With the confirmation hearing now underway, will Elena Kagan join the likes of Sandra Day O'Connor and Ruth Bader-Ginsberg in our nations history books?


Without a Hitch... or a Hatch

On June 28th US Solicitor General Elena Kagan was sworn in to her first day of questioning during the confirmation hearing that will determine whether or not she will join the Supreme Court. As to be expected the battle lines were quickly drawn. The Democrats, including Senators Dianne Feinstein (D-CA) and Patrick Leahy (D-VT) call her nomination "refreshing" and characterize her as a "independent voice on the court" respectively. The sentiments coming from the Republican side of the aisle however, are less flattering. Former Senate Judicial Committee Chairman, and now committee member, Orrin Hatch (R-UT) opposes her nomination because he says she wishes to rule the law, not be ruled by it. Hatch was previously known for his bipartisanship on Judicial appointments having voted in favor of both of Bill Clinton's nominations (Steven Breyer and Ruth Bader-Ginsberg), as well as both of George Bush's candidates (John Roberts and Samuel Alito).

Perhaps the biggest controversy to come to light during the hearings thus far was Kagan's already public dispute with the US Armed Forces over the "Don't Ask Don't Tell" policy. Elena Kagan is a former Dean of the Harvard School of Law and while there she refused to let the Armed Forces Recruit on campus because she felt to do so would show the college's support of "Don't Ask Don't Tell" which would be in violation of its anti-discriminatory statue. After her example, the other Ivy League Schools followed suit, which you can imagine, made her many enemies within the military and its supporting 'Hawks' in Congress. No one epitomized this better than Senator Jeff Sessions (R-AL) who attacked her on this issue and claimed to be "taken aback by the tone of her remark" when she once again explained her actions. My thought her is get over it. She supports gay rights, that doesn't mean she's even anti-military. It just means she won't let a discriminatory agency operate on the grounds she is responsible for. I applaud her courage for actually following through with and standing up for her belief. It's a little thing called guts people, I think more politicians should have them.

Another snag may have also presented itself when Elena Kagan referred to the new Supreme Court rulings on the Second Amendment that struck down the Washington D.C. gun ban as a "good precedent moving forward." For some of her anti-gun Democratic supporters this may have been an unforeseen shock that could cast some doubt on her.

However, through all of this controversy I still find it nearly impossible for her not to be nominated, for at least two reasons. First, the Senators are heading into election season and the Democrats will want to have Elena Kagan's confirmation wrapped up and to be able to present it to the public as a victory come November. Likewise, the Republicans will not want to be seen as the party of 'No' so some will join the Democrats to show that they to can be a ruling party and get things done. The second reason is that Republicans know that if they some how defeat Kagan's nomination, they will most likely get a more liberal and progressive nomination in return. They will accept that Elena Kagan has different views than them but they will take what they can get. Plus, with her seemingly pro-second amendment attitude, Republicans will view her as an actual ally on that issue. So in the end, congratulations Elena Kagan, and I wish you well as the 4th woman to ever serve on the United States Supreme Court, because you will be there soon. No doubt about it.

Later,
Cody