Elena Kagan has kept her cards so close to the vest that in the days after President Obama nominated her to the Supreme Court, some on the left worried she was too moderate to replace liberal Justice John Paul Stevens.
But in documents obtained by CBS News, Kagan–while working as a law clerk to the late Justice Thurgood Marshall – made her positions clear on some of the nation’s most contentious social issues.
The documents, buried in Marshall’s papers in the Library of Congress, show Kagan standing shoulder-to-shoulder with the liberal left, at a time when the Rehnquist Supreme Court was moving to the conservative right.
Now, why does this come out? My guess is that there are worries on the left that she won’t be a mindless drone for leftist, judicial activism. This document dump is designed to allay those fear – see, liberals, you can count on Kagan to do precisely what she’s told! There’s no chance she’ll apply the law for refer to the Constitution – if its liberal and fashionable, she’s with you 100%!
Solution for our side: Expand the court to 11 members once we’ve won the Congress and White house. Appoint two more justices who understand what law is to the four we’ve already got, and we get a sure-thing 6-5 majority in favor of the United States Constitution. Problem solved.