Obama appears to have settled on Elena Kagan as his nominee to replace retiring Justice John Paul Stevens.
Fox News has learned that President Obama will nominate Solicitor General Elena Kagan to the Supreme Court this morning at 10am, Eastern. Kagan arrived at the White House shortly after 8am so it is possible we’ll see her standing by the president’s side at the announcement.
If confirmed by the Senate, the relatively young Kagan– 50 years old– will fill the gap left by the imminent retirement of Justice John Paul Stevens.
The pick is hardly a surprise; as speculation over a handful of choices finally settled on Kagan over the weekend. Liberals and conservatives alike speculatively staked out positions on her nomination.
Hurdles for Kagan in her confirmation process could include the fact that she has never been a judge and her push to oust military recruiters from the Harvard Law School campus when she was dean. Kagan opposes the military’s “Don’t Ask, Don’t Tell” policy.
What is often unreported as a follow-up to her ousting of military recruiters is the 8-0 smack down from the Supreme Court upholding the the law (which Kagan and other colleges challenged) to strip colleges of federal funding for banning recruiters.
In my opinion the Left has much more to lose than the Right over this pick. There is no judicial paper trail to bolster her liberal bona fides so nominating her to a lifetime seat on the Court is a leap of faith for the Left.