SCOTUS Nominees

With apologies to John Paul “I’m not dead yet” Stevens, speculation has been rampant about who will replace him, if he decides to retire.

Many of the names that came up after Souter retired are bubbling back to the surface, but U.S. Solicitor General Elena Kagan has to be considered the front runner. Obama hasn’t said anything and Stevens is, you know, still there — but that didn’t stop the Harvard Crimson from handicapping the chances of former Harvard Law School Dean Kagan:

In the face of Justice John Paul Stevens’ impending retirement, the nomination of former Harvard Law School Dean Elena Kagan for the open seat on the Supreme Court has become a likely prospect.

If she is selected as President Barack Obama’s nominee, Kagan—who currently serves as the nation’s first female Solicitor General—will face a number of challenges on the road toward confirmation, including her lack of experience as a judge, her religious background, and her stance on the military.

Man, the “impending retirement” of J.P. Stevens is turning into a a Monty Python skit. But, so long as we’re here, let’s take another look at that religious question. It might be the only thing that could scuttle Kagan’s ascendancy to the high Court…

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When I first read this headline on the ABA Journal this morning, I became very excited:

Poll Finds 55% Would Support Openly Gay Justice

Gay Justice? How awesome! Justice is way too straight. Basic black letter laws and stuffy proceedings. It’d be far more exciting and visually interesting if Lady Justice was a little bit more… flamboyant. I’ve been to gay Halloween and it’s a lot more fun.

Sadly, my hopes for plastering pink triangles on courthouses were dashed when I actually clicked on the link. A Vanity Fair/CBS News poll found that 55% of Americans would support an openly gay Supreme Court justice, while 40% of those polled would oppose an openly gay SCOTUS nominee. That’s boring. All that shows is that 40% of poll respondents are raging homophobes. I’m pretty sure we didn’t need Vanity Fair to tell us that.

The only question is whether Obama will enrage the anti-gay people with his next SCOTUS nominee…

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