Reply #39: First, does it give you pause that Conservatives 'adore' her?

[caseymoz]

"Kagan has been criticized by civil libertarians for her expansive stance on detainee policy."

http://washingtonindependent.com/29849/indefinite-detention-lite-et-tu-elena-kagan

"Kagan's adoration from conservatives could give her what one Supreme Court watcher described as 'the easiest and more logical path forward.'"

"'You have to admit Elena Kagan is a brilliant woman,' Sen. Orrin Hatch (R-Utah.) said during an interview on conservative North Dakota radio last May. 'She is a brilliant lawyer. If he picks her, it is a real dilemma for people. And she will undoubtedly say that she will abide by the rule of law.'"

That from the intellectual giant who gave us the Hatch amendment. Just the say, they're talking about different things when they say "brilliant," "intelligent," or "rule of law." Her position on limitless detention says something about what she thinks of rule of law.

What I'm saying is, there is no reason Obama has to make a "stealth nomination" like Bush did with Roberts, or the other Bush tried with Thomas. That is to say, nominating somebody who has little profile and whose opinions are little known, and who the other side happens to like. There's no way Republicans can stop the nomination. If lack of a profile is the only thing she has going for her, other than massive praise for conservatives, what it means is, Obama is right-centrist and the left is getting screwed, and can expect to continue being screwed by him.

A Supreme Court nomination is one of the lasting legacies Obama could have. If he chooses her, it says something.