The Wall Street Journal reports that President Obama will nominate Solicitor General Elena Kagan to fill the Supreme Court vacancy left by the retirement of Justice John Paul Stevens:
In making his choice, aides said the president looked for someone with not only a top legal mind but also the ability to bring people of differing views together. With the Supreme Court closely divided ideologically, the president is hoping his pick will be a leader who can build majorities in close cases.
He saw that quality in Ms. Kagan, who earned a reputation for bridging divides as a policy adviser in the Clinton White House and, in particular, over six years as dean of Harvard Law School. At Harvard, she aggressively recruited new faculty of all ideological stripes and went out of her way to make sure conservatives felt comfortable on the left-leaning campus. She won accolades from colleagues and students across the political spectrum.
Conservatives with whom she has worked are likely to endorse her nomination, providing helpful support as the Senate considers the matter. The White House has already lined up people willing to speak out on her behalf, including conservatives, women’s groups and public interest law advocates.
Liberals are likely to support her, but both liberals and conservatives who are active on judicial policy say they have concerns because Ms. Kagan lacks a public record on issues that are important to them. Discerning her views may be more difficult than it would be for a judge who has handled many cases.
Because Kagan has no judicial experience and, therefore, lacks a judicial record, it will be difficult for members of the Senate Judiciary Committee to assess her judicial philosophy.
Is it possible that the President selected her partly because she lacks such a record?
Warning: If confirmed, Kagan will be the third woman on the bench, joining Justices Ruth Bader Ginsburg and Sonia Sotomayor. If this trend of feminizing the Supreme Court continues, the robes will soon be mauve.
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