A Lack of Judgment

Obama decided to bring a nominee to the court that had an even smaller paper trail than he had, and thus we get Elena Kagen who has never served as a judge:

Never a judge, Kagan is known as sharp and politically savvy and has enjoyed a blazing legal career. She was the first female dean of Harvard Law School, first woman to serve as the top Supreme Court lawyer for any administration, and now first in Obama's mind to succeed legendary liberal Justice John Paul Stevens.

On Monday morning, shortly before 8 a.m., Kagan emerged from her Washington, D.C., apartment, got into the back seat of a vehicle and was driven to the White House. She did not acknowledge photographers and reporters who had gathered to await her appearance.

At 50 years old, Kagan would be the youngest justice on the court, which would give her the opportunity to extend Obama's legacy for a generation.

Kagan must first win Senate confirmation. A source close to the selection process said a central element in Obama's choice was Kagan's reputation for bringing together people of competing views and earning their respect.

Kagan came to the fore as a candidate who had worked closely with all three branches of government, a legal mind with both a sense of modesty and sense of humor. The source spoke on condition of anonymity to discuss factors that led to Kagan's impending nomination.

Kagan has clerked for Thurgood Marshall, worked for Bill Clinton and earned a stellar reputation as a student, teacher and manager of the elite academic world. Her standing has risen in Obama's eyes as his government's lawyer before the high court over the last year.

Yet Kagan would be the first justice without judicial experience in almost 40 years. The last two were William H. Rehnquist and Lewis F. Powell Jr., both of whom joined the court in 1972.

All of the three other finalists she beat out for the job are federal appeals court judges, and all nine of the current justices served on the federal bench before being elevated.

This is actually causing the left more heartburn than the right because the lefties would rather see a judge with a long track record of liberal decisions. Instead they're getting someone who has ties to pro-abortion organizations, but no judicial record in that area.

George H.W. Bush chose a stealth nominee when he picked David Souter and that choice completely backfired on him and the Republicans who supported him. He became one of the most liberal judges on the court. I don't expect Kagen to be a similar surprise for Obama, but she might not be as far left as Justice Stevens was and that could give liberals trouble on their pet issues.