So you want to know the first thing I thought of when President Obama nominated Elena Kagan as his Supreme Court Nominee? I said to myself, “Self, what is it with President Obama and non-married women from New York City?”
Conservatives think Obama is a liberal but maybe he has a bias toward non-married women from New York City? The Kagan pick makes the President two for two in this department.
The second thing I thought is that she's a Mets fan so she clearly has her head on straight. (full disclosure: I'm from NYC and I hate the Yankees with a passion.)
Look, here’s the stark reality. Liberals would have loved to see him pick Diane Wood. She’s the one with the solid liberal track record especially on abortion. Kagan is more of a wild card and that may keep progressives up at night.
Still, it’s not like Kagan is this closet conservative. Far from it. Expect Republicans to go after her non-existent judicial record. Gary Marx, the Executive Director of the Judicial Crisis Network tells The Brody File, “Elena Kagan is not a regular person who will understand the little guy like Obama promised. She is an Ivory Tower member of the East Coast Establishment from New York City.”
Obviously, her record on the Gays in the military issue at Harvard is going to be a big deal. It may not derail her but it will give Republicans a strong line of questioning.
In addition, just because Wood was not picked doesn’t mean Kagan doesn’t have her pro-abortion issues.
A major pro-life activist tells The Brody File that their organization is going to go all in to stop her and they tell me that she has explicit ties to Emily's List and other pro-abortion groups. This person also goes on to say that there's no doubt about her personal stance on abortion and that she has also been explicit about her belief in judicial activism.
The liberal Media Matter is already out with a Myths vs Facts sheet on Kagan.
See some of that below. Full list here.
Myth: Kagan's policies on military recruiters make her "an anti-military zealot" and an extremist on social issues
Myth: Kagan is "radical"
Myth: Kagan's thesis shows she's a socialist
Myth: "Kagan Standard" means Kagan must answer questions about issues that will come before the Supreme Court
Myth: Kagan's Goldman Sachs role taints her nomination
Myth: Conservative opposition is based on the substance of Kagan's nomination
Myth: Obama used "empathy" standard rather than fealty to law in choosing Kagan
Myth: Kagan is unqualified because she hasn't been a judge