Thursday, May 13, 2010

Kagan won't have the conformation battle we predicted

Many liberals, including President Obama, predicted the Senate Republicans would try to block whoever he nominated for Supreme Court. This was part of his decision to choose one of his more liberal candidates, rather than a moderate such as Merrick Garland. One can question whether Kagan will actually be as liberal as Obama likely wants, but she is definitely not a moderate. Given the Republicans' recent track record on supporting Obama's agenda, this news is surprising. Several moderate Republicans are giving her good marks, indicating the GOP may not have the votes to block her conformation.

This is likely for several reasons. Moderate Republicans have much to lose by trying to play culture wars with the Supreme Court nominee. Grilling the nominee on abortion looks good if you're from Alabama, but middle class Bostonians may not judge it so highly. Also, there is the fact she is a woman. It would be easier to oppose the nomination of a woman if the court had 5 women. Opposing a woman from Harvard isn't as easy when she would be the third woman on the court. Lastly, many moderates don't want any more publicity about them opposing President Obama's agenda. Primary voters are much more riled up about economic issues, supporting a Supreme Court nominee won't cause them much harm. All in all, it looks like the conditions are right for a smooth conformation.

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