Terrorists Launch Attacks on Americans Building Biden’s Gaza Pier
The Pro-Hamas Activist Who Accosted Alec Baldwin Went Totally Insane During Piers Morgan...
Police at UT Austin Had the Perfect Response to a Pro-Hamas Activist Flipping...
Iran-Backed Terrorists Resume Attacks on U.S. Service Members in the Middle East
White House Attempt to Cover for Biden's Latest Gaffe Might Be Its Most...
Stocks Tank After Disastrous First Quarter GDP Report
US, 17 Other Nations Issue Joint Statement Calling on Hamas to Release Hostages
Florida Has Carried Out an Impressive Evacuation Operation in Haiti
Biden Administration's New Overtime Rule Blasted as an 'Attack on Small Businesses'
Students at Another Ivy League University Get Ready to Set Up Encampment
The Left Would Prosecute Trump for Acts He Never Committed, But Obama Did
Another Poll on Battleground States Is Here to Toss Cold Water on Biden's...
Could Texas Ban ‘Gender Nonconforming’ Teachers From Schools?
Should Republicans Be Concerned About the Pennsylvania Primary Results?
Mike Davis' Internet Accountability Project Calls on Senate Republicans to Break Up Big...
Tipsheet

What Can Conservatives "Be Happy With" On SCOTUS?

Former Reagan administration official Charles Fried had some kind words to say about one of the front-runners for the open Supreme Court slot created by Justice Stevens' retirement in an article subtitled "
Advertisement
Why Elena Kagan has earned the respect of conservatives, like me."

The media like to pin a one-word--or if they are more nuanced, one-phrase--epithet on public figures, as Homer would on his gods and heroes (grey-eyed Athena, wily Odysseus). They have decided to attach the term "conservative" (or for the more subtle: "relatively conservative") to solicitor general and former Harvard Law School Dean Elena Kagan. A lot of people--myself included--have described Kagan's many remarkable qualities in many places. Here I want only to explain how she got this dubious sobriquet, one that is unlikely to do her much good.

Does this all mean that she is some kind of crypto-Republican who would shift the Court to the right? And what does her behavior as dean tell us about her ideology? My clear answers are no and nothing. I do not doubt that her heart beats on the left.

What can conservatives be happy with from an Obama nominee? I wrote last week that we'll have to be satisfied with a nominee who has a discernible judicial philosophy and a fidelity to the Constitution. With Kagan, Diane Wood and Merrick Garland having emerged as frontrunners, the worst option for conservatives seems to be Wood. Garland probably is too "moderate" for Obama's left-wing base, but Kagan may be the best that we can hope for.

Advertisement

This doesn't mean that conservatives won't be rightly justified with every criticism that we make of whichever left-wing nominee comes out of the Obama administration. It just means we need to have realistic expectations.

Hat tip Reason

Join the conversation as a VIP Member

Recommended

Trending on Townhall Videos

Advertisement
Advertisement
Advertisement