Later this morning President Obama will nominate Solicitor General Elena Kagan for the US Supreme Court vacancy created by the retirement of Justice John Paul Stevens.
Like Stevens and Obama, Kagan has a University of Chicago background, she served as a law professor there before being named dean of Harvard Law School in 2003.
In that role, Kagan supported a lawsuit that would overturn the Solomon Amendment, which allows the Defense Department to deny grants to colleges that ban military recruiters and the ROTC from campus. The military's "Don't ask don't tell" policy on gays was the catalyst of that suit. But in an 8-0 ruling, the Supreme Court she hopes to serve on affirmed the legality of the amendment.
Which brings me to Kagan's personal life. Last month CBS blogger Ben Domenech said she was "openly gay." That blog post has been pulled, but "Elena Kagan, Lesbian" will be a popular Google search term in the next few days.
But I'm interested in opinion on the constitution. In junior high I learned that the constitution was the "law of the land," which is as it should be. Many liberals see it as a living, evolving document which can be refashioned as needed.
What does Kagan think? Will she "create" a constitutional argument in favor of mandatory health insurance?
This fact is rarely reported, but the men on the Supreme Court wear dresses. Oops, make that robes.
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