Newswise — Michael C. Dorf, constitutional law scholar, former Supreme Court law clerk and professor at Cornell University Law School, comments on President Obama’s apparent choice of Solicitor General Elena Kagan as his next Supreme Court nominee.
He says:
“In nominating Elena Kagan, President Obama has signaled that he hopes to avoid a contentious confirmation battle. Kagan's professional credentials are impeccable. She is charming and quick-witted. She has many friends on the right, who appreciated her fair-minded leadership as dean of Harvard Law School.
“Kagan's ‘paper trail’ consists mostly of scholarly articles defending centrist positions on questions of separation of powers. During her confirmation hearing to become Solicitor General, she happily embraced the role of zealous defender of Congress and the Administration. Whatever personal views she might have, she will likely take an analogous view of the role of judge, thus providing little room for potential opponents to portray her as an activist.
“Yet despite Kagan's obvious qualifications and centrist views, the confirmation process may prove contentious nonetheless, for these exercises can be more a reflection on the state of American politics than a debate about the merits of the nominee.”
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