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.