Elena Kagan, as expected, was nominated to the Supreme Court. Her remarks were unexceptional and humble, appropriate to the occasion. Obama was partisan and ludicrous, even by his own standard. Justice John Paul Stevens was many things. But an exemplar of judicial restraint he was not. And Obama’s waxing lyrical on this score struck one as bizarrely insincere. Moreover, his attack on Citizens United and praise for Kagan’s role in it was wholly unnecessary and, frankly, wrong. It’s the law of the land, and his continual invective against it betrays a lack of respect for the Court.
Moreover, come to think of it, is Kagan now recused from cases that evaluate and would seek to modify or reverse that case? It would seem so — particularly because she, according to Obama, made such a big deal of choosing this case as her first to argue before the Court as solicitor general. Now that’s a small bonus for conservatives, if true. And Republican senators should pin her down on that point.