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Why Elena Kagan Doesn’t Matter

By Jesse Smitherman

The confirmation hearing for Elena Kagan to replace Justice Stevens on the Supreme Court has been the dullest in recent memory. The questioning has been polite, which is the usual trend when a Democratic president sends up a nominee.

Supreme Court nominee Elena Kagan

When Republican presidents send up a nominee the Democrats tend to be more emotional and vicious. Anyone who witnessed the late Senator Ted Kennedy’s incredible attack on Robert Bork or the Clarence Thomas “high tech lynching” has seen this first hand

We have previously discussed this at some length with Ghost of Supreme Court Nominations Past: Bork v Ginsburg

In the Kagan nomination, the Republicans were wise to not do the foot stomping and hand-wringing which is the normal MO for the Democrats. This seat is a “gimme”.

If Justice Ruth Bader Ginsburg should retire in the next 2 years, the same would apply. We would be swapping even up, liberal for liberal.

We feel having an evenly split court is good for the country. Our nation was built on 3 co-equal branches of government. If all three were to become “liberal” or “conservative” the results could be disastrous.