The Tiresome Perpetual Battle for Supreme Court Candidates

The lead article in today’s New York Times, “President is Said to Choose Kagan as Next Justice,” describes Mr. Obama’s pick for the current vacancy on the Supreme Court. His selection of Elena Kagan, his current solicitor general, will create the highest number of women justices ever, three with Sonia Sotomayor and Ruth Bader Ginsburg.

The selection was framed as the center choice between a more liberal and a more conservative option. Unlike President Obama’s other choice, Sonia Sotomayor, Ms. Kagan has not previously served as a judge and so lacks an extensive paper trial her automatic detractors could scan for ammunition to oppose her.

The traditional battle between left and right over Supreme Court nominations will inevitably continue with this selection. President Obama was upset at a recent Court decision providing free speech rights to corporations, and his selection of Ms. Kagan, who is relatively young, will leave his imprimatur on the Court for a long time to come.

Ms. Kagan, a former Dean of Harvard Law School and the current Solicitor General, is also viewed as a persuasive force who could vie for Justice Kennedy’s swing vote on the body. Of course, there will be the usual postering among Senators during the debate for confirmation, the usual questions about abortion and women’s rights, and the usual token resistance to please the various interest groups.

Inevitably, however, unless something untoward happens, I believe she will be confirmed.