The Elena Kagan Confirmation Hearings

I have not commented on the Elena Kagan confirmation hearings because I am not watching it. Much like Al “Baggy Pants Funnyman” Franken, I have trouble staying awake during such things. Law school was a long time ago. Anything that ight produce flashbacks of those dark days of trial brief and oral arguments is to be avoided like the Ebola virus.

Let us embrace reality. Yes, Kagan is a progressive whose judicial philosophy I, as a strict constructionist, am not going to like. She would replace John Paul Stevens, another judicial progressive I did not like. When she is approved--and she will. Even with Robert Byrd no longer being in the Senate to bloc a filibuster, I do not see oe happenig anyway--she will pretty much be swapping out.

I predict a lot of the same 5-4 decisions along ideological lines with the occasional Kelo or Casey extreme disappointment with Kagan on the Court.

If anyone honestly thinks her anti-military or pro-abortion stance is going to torpedo her confirmation, I would be interested in hearing why. I would also like to know if anyone fears her presence will tilt the Court farther to the left than Stevens managed. Please feel free to explain in the comments. Perhaps you will give me food for thought that may result in a more thorough follow up post.

UPDATE: Scratch that last paragraph. Kagan was asked a question about Twilight. There is nothing you can say to get me to further comment on this farce.