Kagan

So, about Elena Kagan. I would think Congress would be doing backflips b/c finally there's a candidate for the Supremes whose record can't be easily ascertained. She's not a lefty, she's not a righty. She's extremely pragmatic. She works well with others.

The military recruitment thing is out of hand. No law school wanted to have military recruiters on campus b/c of "Don't ask, don't tell," a very wrong-footed policy. But when they realized they'd lose federal funding, they all zipped it, realizing you have to go along to get along. That's exactly what then-Dean Kagan did. It's what the deans of almost all law schools did, so why is she being singled out?

We all know that Justice Scalia is the archetype judge activist, despite his cries to the contrary. We all know that Chief Justice Roberts is about as pro-business as they come. I think it's refreshing that this woman can't be pigeon-holed into a box.