Mainstream media and the blogosphere have been abuzz for the last couple days with rumors that President Barack Obama’s nominee for the Supreme Court might be gay.
The rumor first surfaced in a CBS News column a month ago, according to The Washington Post. The Wall Street Journal published a now (in)famous picture of Solicitor General Kagan playing softball in college. Eliot Spitzer, former NY Governor and famed whore monger, has come to Kagan’s defense, stating that he “did not go out with her, but other guys did.” I’m not sure Spitzer’s remarks help Ms. Kagan’s reputation.
Since then, there has been plenty of speculation and backtracking. She is, she isn’t. But here’s the thing: who really cares?
For one thing, it’s likely that whoever replaces Justice John Paul Stevens will be deciding the constitutionality of gay marriage in the USA, so a gay justice might presumably be biased on this issue. But so what? Kagan is also a woman, and it’s likely she’ll also be making decisions on abortion. Should we discount her because of that? There are plenty of women who are steadfastly against abortion. Of course, Kagan isn’t one of them.
The assumptions about Elena Kagan’s sexuality come from a combination of factors: she played softball, she’s unmarried, and she’s, well, dowdy. But, in the end, whether she is, or isn’t, isn’t our business. It’s how she will rule in matters of law that should concern US citizens.
Kagan is famously tight-lipped on the heavy issues. However, a memo has already leaked about her work on late-term abortion legislation while working as an aide for President Bill Clinton. And Kagan has a history of traditionally liberal stances, such as being pro-choice and her decision to disallow military recruiters on Harvard’s campus because of President Clinton’s “Don’t Ask, Don’t Tell” policy.
Certainly, the Solicitor General will be a liberal justice, and that is what conservatives should be concerned about, not her sexuality.
Another socialist nominee/appointment by the President. But, oh no, he’s not a socialist himself! Perish the thought.
Conservatives should not sit idly by and let Elena Kagan drift through the confirmation process. They should fight tooth and nail for a more acceptable nominee. I’m tired of hearing, “Oh well. A liberal judge for a liberal judge. It’s not going to change the balance of the court.” The balance of the court should change. We need to fight for conservative values now.
Kagan is relatively young and would serve on the court for, potentially, decades. How much damage could she do to the country in that time? And people are worried she might be a lesbian?