United States Supreme Court Justice John Paul Stevens’ imminent vacation of the bench means the Obama administration will have another chance to add a friendly jurist to the Court, and Solicitor General Elena Kagan is the President’s pick.
Typically, proposed justices are vetted against their judicial records: were their decisions often overturned by higher courts, or upheld? Did they hold fair trials? Did they often commit reversible error, as decided by reviewing judges? Have they written thoughtful, scholarly opinions which carefully set out their reasoning? The judicial history assembled by each judge reads like a resume, and those resumes are the yardsticks by which candidates for the nation’s highest court are measured.
Unfamiliar with Solicitor Kagan’s judicial record? Not sure, based on her published opinions and decisions, how she feels about pressing issues or how she behaves as a judge?
So is America, because Ms. Kagan has never been a judge. She has no record in the courtroom, no library of opinions, no history of having decisions upheld or overturned… in short, she has no judicial resume which might hint at even a whiff of qualification.
Perhaps the President based his support on her commendable record of service in the Solicitor General’s office? If so, there must be some stellar example of federal advocacy in it, because she’s barely been on the job one year. Hardly enough time to have compiled anything even close to a reviewable record of performance, good or bad.
True, she did well as the Dean of Harvard Law School. She strengthened what was already the world’s finest law school and made a demonstrable effort to reach out to conservative factions of the faculty, earning a reputation as a concensus-builder. But running a school is much different from serving as a justice on the most powerful country in the world’s most powerful court.
Ms. Kagan is likely a very deft administrator and a skilled attorney; you have to be, to run Harvard Law and to represent the United States government in court as Solicitor General. Unfortunately, neither of these things begins to hint at, let alone establish, her qualifications as a judge, let alone one sitting on the Supreme Court. And, considering the lifetime appointments which justices enjoy, there is little room for error in their selection… and even less for the dangers of the unknown, untested, and unproven.