Today begins the next installment of the Great Supreme Court Dance as the Senate starts its hearings on the nomination of Elena Kagan to the highest court in the land. These confirmation hearings have developed their own rituals.
Here’s how the Dance will proceed:
- The nominee will state how honored she is to have been nominated.
- Democrats will praise her for her wonderful resume and her empathy for the downtrodden.
- Republicans will, to some extent, challenge her fitness for the bench.
- Democrats will accuse Republicans of an “ism” of some kind.
- Republicans will retreat from their best arguments against her qualifications so as not to be linked with whatever “ism” they are being accused of.
- The nominee will sail through the proceedings without having to say what she really believes about anything.
- The committee will forward her nomination to the full Senate with all Democrats voting for her and most, but not all, Republicans voting against her.
- The full Senate will confirm her for the Supreme Court with all Democrats voting to confirm and over half of the Republicans saying no [the rest will say that a president has a right to choose whomever he wants on the court].
- The country will be stuck with another radical who has no respect for the original intent of the Constitution.
- “Diversity” will have triumphed once more.
Given Kagan’s obvious dislike for the military, her support for vetoing a ban on partial-birth abortions, and her clone-like agreement with all things Obama, one would hope there will be some stout debate over her fitness. In no way does she fall into some imaginary moderate category.
Further, Kagan has no experience on a court. Republicans will have to pick through thousands of documents to find the key ones that illuminate her views. Considering how many documents they must peruse, it is obvious that this confirmation process is on an expedited track in hopes of not allowing time to examine them all.
Not all the Dance is choreographed ahead of time; there may be some surprises. While the probability of this proceeding as I’ve outlined above is somewhere in the range of 99%, there’s still that 1%. You never know for sure what can happen. So until this Dance plays out as I expect it will, I’m going to continue to write about her deficiencies and pray that a miracle of sorts will derail the additon of another radical to the court.