NBC News reports President Obama will nominate Elena Kagan to replace John Paul Stevens on the Supreme Court of the United States.
It's worth again reviewing some of the politics of choosing Supreme Court nominees.
The conservative message on the judiciary has started getting through. If judges do not judge according to a principled reading of the law then the rule of law is a sham. That's part of the reason why criticisms of conservative judges have lately adopted the same tack as conservative criticism of liberal judges: They are activists overstepping the role of the judiciary.
The choice of Elena Kagan appears to fit that approach pretty well. Kagan has a thin record of opinionated writing, and her role as a government lawyer in defense of administration policies will enable the Obama administration to market her as a centrist.
It will be hard for Republicans to effectively oppose her nomination unless something radically unexpected appears in her record. I doubt Kagan will receive fewer than 80 votes for confirmation.
Is Kagan a centrist? That's doubtful. Obama probably wouldn't nominate her if he had that impression. But President George H. W. Bush nominated David Souter to the Court, so these stealth candidates always carry some risk.
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