Freedom Line Blog

Apparently, President Obama’s penchant for dithering is contagious.  Solicitor General and potential Supreme Court nominee Elena Kagan has failed to respond to the Court’s request for a brief describing the Administration’s view on another Arizona immigration law.  (This one fines employers for hiring illegal immigrants.)  Now that the U.S. Chamber of Commerce is fast-tracking an appeal of the Grand Canyon State’s newest attempt to enforce federal law, Kagan very likely won’t be able to ignore taking a side.

Surprisingly, though, the former Dean of Harvard Law School has written or said scarcely anything about law in her two decades as a legal academic.  From the L.A. Times Supreme Court reporter David Savage:

She does not have a record as a judge or legal advocate, and she did not write widely on legal topics, potentially making it difficult for Republicans to oppose her if she is nominated.

Shouldn’t such a statement knock her out of contention?

So far, all we know about Kagan is that she has establishment Ivy League credentials, holds fashionable elite positions, knows the right people, and is a member of a favored Democratic minority group.  Apart from a vague reputation as a “consensus builder” at Harvard, she barely has a year under her belt as an appellate advocate.  Isn’t it a little early to promote her?

C’mon; it’s not like she’s running for President of the United States – this is important!