Here We Go Again by William Pitt

[sinkingfeeling]

http://www.truthout.org/here-we-go-again59371

Kagan is hardly a radical pick, despite what we will almost certainly be hearing from the usual suspects on the right. She is the second woman Obama has nominated to the high court, a fact that will please many and disturb a few. She has been a trailblazer throughout her career, becoming the first woman to serve both as solicitor general and dean of Harvard Law School. She clerked for Justice Thurgood Marshall in her youth, a fact the right will almost certainly be used to tag her as being too liberal for the court.

Kagan's views on a number of hot-button issues are not hard to discern, however. She is a capital-D Democrat and squarely on the side of choice. She could become the most adamantly pro-gay rights justice in history if she wins the seat; while dean of the Harvard Law School, she barred military recruiters from operating on campus because of the anti-gay discrimination at the core of "Don't Ask, Don't Tell." This "transcript" of Kagan debating with Justices Stevens and Kennedy on the power and rights of corporations as pertaining to the controversial "Citizens United" case would seem to make it evident that she stands firmly with the left on the dangers represented by that decision.

Few issues raise more consternation and rage on the left than the constitutional crisis created by the deranged activities of the Bush administration. This isn't just a problem for the far reaches of American liberalism, but an across-the-board complaint from a majority of the citizenry. Liberals will point to this in disgust and accuse Obama of moving the Supreme Court even further to the right, and will likely serve to further erode the Democratic base's support for his administration. If she does indeed prove to be a proponent of unfettered presidential power, the unitary executive crisis unleashed by Bush will continue unabated.

Again, a great deal of this will come out in the wash when the confirmation hearings get underway, and her performance and statements during those hearings will play a supreme role in determining where opinions of her will come down. For the time being, however, the nomination of Kagan appears to be another example of the president leading with his chin. This time, however, the lion's share of punches are going to come from the left side of the ring.