dancing lesbians

Shortly after Justice John Paul Stevens announced his upcoming retirement from the Supreme Court, Solicitor General Elena Kagan emerged as a leading candidate to fill his seat. The phrase “Team Kagan” started popping up all over the place (as we noted in our Twitter feed). Numerous users of Twitter and Facebook, as well as many bloggers and observers of the Court, proudly proclaimed themselves members of “Team Kagan.”

Over the weekend, Team Kagan may have gained another prominent member: former President Bill Clinton. In an interview with ABC’s “This Week,” Clinton said that he and his wife, Secretary of State Hillary Clinton, are simply too old for SCOTUS. “I’d like to see [President Obama] put someone in there, late 40s, early 50s, on the court and someone with a lot of energy for the job,” Clinton said.

Hmm…. Of the three leading candidates for the Court — Elena Kagan, Judge Diane Wood (7th Cir.), and Judge Merrick Garland (D.C. Cir.) — only one, Kagan, fits the “late forties / early fifties” demographic. Kagan is 49, turning 50 later this month (on April 28). Wood is 59 — although she’s in great health, and looks like a million bucks. Garland is 57.

Then ex-president Clinton took another step towards openly endorsing Kagan. He urged Obama to consider someone from outside the judiciary. Again, of the three leading candidates, Kagan is the only non-judge. (Judges Wood and Garland were appointed to their judicial posts — by President Clinton, as a matter of fact — in 1995 and 1997, respectively.)

Going into this weekend, Solicitor General Kagan was already viewed as the frontrunner for JPS’s seat. We’ve said so here at Above the Law (here and here), and she’s also the nominee predicted by our readers (and by Fantasy SCOTUS players, too). Tom Goldstein, over at SCOTUSblog, has flat-out declared that “[o]n October 4, 2010, Elena Kagan will ask her first question as a Supreme Court justice.”

The apparent support of a former president can only increase Kagan’s lead. But what about the issue of her (real or perceived) sexual orientation?

double red triangle arrows Continue reading “Did Bill Clinton Just Join Team Kagan?
And what team does Elena Kagan play for?

Don’t be misled by the photo — this isn’t another post about Snooki. It’s about Constance McMillen (pictured), a lesbian high schooler who wanted to bring her girlfriend to the high school prom.

(Query from Elie: Is “lesbian high schooler” the politically correct way to say “girls’ hockey team”?)

The Clarion-Ledger reports:

Both sides are claiming victory from a federal judge’s ruling Tuesday on a Mississippi school board’s decision to cancel the prom rather than allow a lesbian student to attend with her girlfriend.

U.S. District Court Judge Glen Davidson denied 18-year-old senior Constance McMillen’s request to reinstate the prom, noting “the court cannot go into the business of planning and overseeing a prom.”

To paraphrase Justice Blackmun: From this day forward, I no longer shall tinker with the machinery of teenage sex.

So if Judge Davidson declined to “so order” a high school prom, how can McMillen claim victory?

double red triangle arrows Continue reading “You Can Dance If You Want To (Unless You’re a Lesbian)
Judge declines to order school to hold prom.