Over the past couple of days...I've watched this Supreme Court nominee...Elena Kagan...go through the dance steps. After about an hour of reading and digging...I came to two brief observations.
Since she's been a legal adviser for all these years, and never a judge...she had to earn a paycheck. It's a curious thing...over the past couple of years...she was a Goldman Sachs legal advisor. Judges....naturally....don't have this problem when they face the Senate over their nomination. They typically spent the last decade...judging...and that's it.
So, as each case over the next five years comes up to involve Goldman Sachs before the Supreme Court....she'd have to excuse herself from any comment or legal action. Would she?
I'm kinda wondering is any of the Senators will even comment on this. Maybe the Republicans will...but will she step aside for one case and admit she can't pass judgement? I think she will say she won't answer. To be honest...that ought to worry just about everybody.
Then the second thing comes up.
As White House counsel....she has the inside on probably thirty cases that are in the bucket to eventually make it to the Supreme Court over the next three years.
Will she excuse herself from judging on those episodes? Again, I don't think she wants to answer that.
By picking someone who hasn't been a judge...and has acted as a lawyer collecting pay for their actions...she's basically disqualified herself from maybe thirty-odd cases. What exactly does the President think will happen in this court...when she excuses herself?
They desperately need her vote...to counter the 5-4 situation they currently have. If she's out...then its not even close.
Was this a stupid move?
The more you think about it....the more it looks stupid. You should just pick a judge and avoid this problem. Or least pick a political figure...like Joe Biden. But when a guy's paycheck depends on his lawyer skills...it hurts this situation to pick the guy. So for three years....you've really got a part-time judge, or you have an idiot who won't excuse themselves...and made law a joke.