US Politics: Elena Kagan Confirmed as Supreme Court Justice (Haddigan)

Lee Haddigan writes for EA:

As expected, Elena Kagan was confirmed on Thursday afternoon as the 112th Supreme Court Justice. Despite opposition from a number of Republicans who objected to her liberal record, the roll vote in the Senate was 63-37 in her favour. Kagan was approved by all but one Democrat, Ben Nelson of Nebraska, and she also received the support of 5 Republicans.

With Kagan replacing the liberal Justice John Paul Stevens, there will be little change in the ideological balance of the Court, but she joins at a time when several controversial and much anticipated cases are edging closer to possible review by the Court.

The Arizona illegal immigration law is headed for review by the Supreme Court, and there is little to suggest that the passage of time for contemplation by the Judges, will blunt the emotional impact of the arguments. Similarly, the ruling by a Californian judge on Wednesday that there is no rational basis for denying the right of same-sex couples to marry will spark national attention when it eventually reaches the Court.

And there is still the likelihood that, in what will sure to be one of the more historic decisions of the Supreme Court, the constitutionality of President Obama’s health care legislation will be reviewed. When the measure was signed into law Vice President Joe Biden infamously remarked it was a “big f%&&*g deal”. It will be a bigger deal than even that if it passes the scrutiny of the Court.

There is a mood growing on the Right that liberal "elites" in Washington are denying the will of the electorate in major issues. Citing popular support for the Arizona Law, California's Proposition 8 that banned same-sex marriage, and the Missouri referendum on Tuesday that rejected Obama’s healthcare legislation by 71-29%, conservatives are looking to the Supreme Court to defend their interests against what they claim is an aggressively liberal administration.

Kagan will begin her duties early next week when she swears the constitutional oath of office and begins study of all the documents on the cases that may appear before the Court next term. At a conference in September, the nine Justices will decide which cases they will consider when the Court begins its next term on 4 October.

The Chinese has a proverb, "May You Live in Interesting Times". Justice Kagan may think this quite apt as she takes up her new position.

Comments

[Kurt]

I hadn't really heard anything about the HCR bill making it to the Supreme Court - except when I was there on a tour and the tour guide brushed off a docket question about it from an overzealous questioner.

Even the Volokh Conspiracy says there's less than a 1% chance SCOTUS would rule against it, if it even hears the case in the first place -- that itself would be the big f%&&*g deal. I may be proven wrong, but this appears to be little more than wishful thinking from the Right, until I see something effectively defy conventional wisdom.

In any case, the irony of fighting tooth and nail against an idea first introduced by Republicans to counter "Hillarycare" in the 90's still makes me roll my eyes. What am I to expect though, when over a quarter of the population are Birthers and also talk of impeaching Obama?

http://politicalticker.blogs.cnn.com/2010/08/04/cnn-poll-quarter-doubt-president-was-born-in-u-s/?fbid=D9zkm9BH5Pk" rel="nofollow">http://politicalticker.blogs.cnn.com/2010/08/04...

[Lee]

Hello Kurt,
I use http://scotusblog.com" rel="nofollow">scotusblog.com as my main source for Supreme Court info. They, and other sites, seem pretty sure healthcare will get to the Court - the only major point of controversy seems to be whether Kagan will recuse herself when it is reviewed. See this article in the NYT http://www.nytimes.com/2010/07/25/weekinreview/25liptak.html?_r=2" rel="nofollow">http://www.nytimes.com/2010/07/25/weekinreview/...

And in an update, in a move I did not expect, Kagan will take the constitutional oath (as well as the judicial oath) on Saturday. She, or the other Judges, must be keen for her to get to work

[Linda]

Our President of the United States had a great couple of months;

1. Financial reformed passed, thanks to “Tea Party Approved” Senator Scott Brown (R-MA)
2. AZ SB1070 (written by Neo Nazi lover, Russell Pearce and private prison giant Corrections Corporation of America (CCA) lover, Jan Brewer, both “Tea Party Approved” ) fails in court when legally challenged.
3. CA Prop 8 (financially supported by San Diego businessman Terry Caster, owner of A-1 Self Storage, Company, San Diego businessman Doug Manchester owner Manchester Grand Hyatt Hotel and the Grand del Mar, Church of Latter Day Saint (LDS/ Mormons), Catholic Church, both “Tea Party Approved”) fails in court when legally challenged, the judge appointed by Ronald Reagan.
4. Elena Kagan Confirmed to Supreme Court, (63 to 37, with the help of Susan Collins, Olympia Snowe, Sen. Lindsey Graham, Judd Gregg, and Richard Lugar, could they all be “Tea Party Approved”? I wonder.
5. Another Birther lawsuit (Captain Pamela Barnett, V. Barack Obama) and “Tea Party Approved”, was dismissed.

Happy Birthday Mr. President, even though belated, keep going, you are doing great and I am personally enjoy that the so called “Tea Party” is taking it so well. Love it.