So it is going to be Kagan.....

Got to say I am not impressed with the Presidents pick to replace Justice Stephens.

Glenn Greenwald lays out the case against Elana Kagan here. With follow-up here and here.

The problem here is a standard one with Mr. Obama, he constantly tacks to the middle, to avoid conflict. Ignoring the concerns of his core supporters and trying to court the ephemeral "middle". Especially in a time where the conservative base is rabid, and his own base is depressed.

I wanted a fire-breathing liberal to counter the likes of Justices Scalia and Alito, as well as a legal heavy weight. Diane Wood or Harold Koh would have been excellent choices. Yes there would have been a fight. There was going to be a fight anyways. Mr. Greenwald again (emphasis mine):

The New York Times this morning reports that "Mr. Obama effectively framed the choice so that he could seemingly take the middle road by picking Ms. Kagan, who correctly or not was viewed as ideologically between Judge Wood on the left and Judge Garland in the center." That's consummate Barack Obama. The Right appoints people like John Roberts and Sam Alito, with long and clear records of what they believe because they're eager to publicly defend their judicial philosophy and have the Court reflect their values. Beltway Democrats do the opposite: the last thing they want is to defend what progressives have always claimed is their worldview, either because they fear the debate or because they don't really believe those things, so the path that enables them to avoid confrontation of ideas is always the most attractive, even if it risks moving the Court to the Right.

Ms. Kagan's legal philosophy is a black box. She has done an excellent job of not leaving any trail. From what we do know her views on executive power, are at best disturbing. But I find the relative dearth of any record absolutely terrifying. She is, in many ways, as bad a choice as Harriet Myers.

I am sure I will be getting e-mails from OFA asking me to donate and support this nominee. I will not. Instead, I intend to write my senators to ask them to vote against her confirmation. He wanted someone young. But there were simply better choices.

If Mr. Obama and his administration want my support they are going to need to work for it and to stop expecting it.

A shitty birthday present Mr. Obama.....

-Cheers