Monday, May 10, 2010

If it is Solicitor General Kagan...

...then there appear to be a few minor stumbling blocks on her road to the Supreme Court.

Martin Kady II of reports --

Republicans have had plenty of time to think about what they would say if Elena Kagan was nominated to the Supreme Court.

Now that the nomination is (nearly) official, will the GOP try to rally its 41 votes to block her, or will they just nit pick her experience, her past writings, her public comments and her lack of time in a judicial robe? The latter seems more likely, as seven Republicans already voted to confirm Kagan as solicitor general for the Obama administration.

Still, a Republican Senate aide gives The Huddle the talking points: 'A third of the Senate said she was unqualified for the [solicitor general] post. It will be hard to ask them to turn around and say she now qualified, for a lifetime appointment to the highest court in the land. And we'll be busy in the coming months looking over her whole year of courtroom experience.'

So the battle is on over another high Court nominee, but so far, there's no smoking gun that could derail Kagan's nomination before the vote later this summer.

Kagan, if approved by Congress, would mean three women would be serving on the Supreme Court together for the first time.

Kagan and "first" is not unusual, as this report from Politico notes.

Interestingly, liberals might be the people left scratching their heads over President Obama's nominee. Kagan has worked well with conservatives in the past, though she would be best described as a moderate.

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