July 12, 2010

Hatch-ing an Argument Against Kagan

Senator Orrin Hatch laid out a case against Supreme Court Judicial nominee Elena Kagan as Politico reported today;
Will the Constitution control Elena Kagan, or will she try to control the Constitution? Does she believe that judges may change the meaning of the Constitution, and of the law generally? Is there any evidence that her personal or political views drive her legal views?
Hatch's reservations are important because he's a member of the Senate Judiciary Committee.  But as a Republican, it's likely that his opinion won't matter. Short of a filibuster, expect Kagan to be confirmed.  No Harriet Myers style popular backlash will fell this nominee, if that were the case, health care reform a la Obama would not have passed.  Democrats have been largely quiet on the Kagan matter, except to endorse her qualification for the Supreme Court at the start of the hearings.  Democrat Senators are the ones who have to blink in order to put a stop to the nominee - that doesn't appear to be happening.

This might be a time to contact your Senator about their vote - Presidents come and go, but Supreme Court Justices linger on for years.

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