Ken Klukowski

President Obama’s nomination of Solicitor General Elena Kagan reveals the kind of Supreme Court that the president wants for America. It’s one that will fulfill his far-left agenda.

Elena Kagan is an interesting pick for the Supreme Court. She graduated from Princeton and Harvard Law School. She clerked for Abner Mikva on the D.C. Circuit federal appeals court, then Thurgood Marshall on the Supreme Court. She served in the White House Counsel’s office, then a law professor, and then dean of Harvard Law School. Finally, in 2009 she became the federal government’s Supreme Court lawyer as U.S. solicitor general.

But those aren’t the reasons Barack Obama picked her for the Supreme Court.

First, she has no paper trail. She’s never been a judge or had to publicly discuss her beliefs on controversial issues.

Michelle Malkin

But she’s a liberal. As I explain in my new book, The Blueprint: Obama’s Plan to Subvert the Constitution and Build an Imperial Presidency, Barack Obama has a huge vetting team for judicial nominees. The only candidates he considers are people who have been vouched for by some of the president’s trusted advisors who have known her for years and have a firm grasp of her interpretation of the Constitution and what she believes the role of the courts is in our society. But Obama doesn’t even need those vetters with Elena Kagan, because she’s a personal friend of President Obama.

Her clerkships show that as well. Judge Abner Mikva was openly a far-left judge. And Justice Thurgood Marshall was the most liberal Supreme Court justice in American history, with ultra-left views on every single constitutional issue.

With Kagan, the White House gets to allow some on the left to wring their hands in contrived anxiety, saying, “Gee, she looks too moderate for me,” when the White House knows all along that she’s exactly what Obama wants.

Second, she’s very effective at building consensus. Kagan is charismatic and knows how to win people over to her way of thinking. She has a rare ability to describe liberal ideas in ways that persuade her opponents. She also engages opponents in such a way that they feel appreciated and respected. She might be able to win over moderate Justice Kennedy on a number of critical issues if she’s confirmed to the Court.


Ken Klukowski

Ken Klukowski is a bestselling author and Townhall’s legal contributor covering the U.S. Supreme Court, and a fellow with the Family Research Council, American Civil Rights Union, and Liberty University School of Law.