Thurgood Marshall was an Activist Loser!

At least according to Senator Jeff Sessions of Alabama. He's the leading Republican on the Senate Judiciary Committee that is currently holding hearings for Elena Kagan's nomination to the SCOTUS. Since Senator Sessions is the leading Republican it's important to note that he's both heading up the Republican opposition to Kagan's nomination (psst, it's all for show) and would be the chair of the Judiciary Committee if the Republicans do the unlikely and wrest control of the Senate from Democrats in November. And he thinks that Thurgood Marshall was bad for the country. As Rachel Maddow pointed out last night on her show he is one of a very small group of people who are pretty universally considered to be the gods of the Civil Rights Movement in this country. Though I guess that should come as no surprise for the man who has, among other gems, called a white civil rights attorney a traitor to his race.

To more important topics at hand, the Kagan nomination. I think I've already mentioned earlier that I don't like her as the nominee. I'm sure she's great as Solicitor General and an all around nice person. She even got good reviews from the campus veterans groups while she was the Dean at Harvard Law. But she has the (in my opinion fatal) flaw that all nominees have for the last twenty years or so. She's more conservative than the justice she's been nominated to replace! We've gone way downhill as far as SCOTUS is concerned since the Warren and Burger courts. Also worth noting, the last four Chief Justices have been chosen by Republican presidents. And we won't get to pick another one for years because Chief Justice Roberts is only 55. In short, Democratic presidents in general need to show some backbone and nominate some true liberals for the court. Yes, doing this means being willing to spend some political capital on the nomination fight rather than some pet legislation. But there is hardly a more important responsibility granted to the Executive. Most justices serve for twenty years or more. The choice of who a president nominates can have lasting effects on the country for years after a president has served their term and indeed beyond their lifetimes. As an example, Ronald Reagan nominated still serving Justices Kennedy and Scalia as well as recent retiree Sandra Day O'Connor. Justice Stevens is being replaced only now and he was nominated by President Ford. Chief Justice Rehnquist was a Nixon nomination from 1971! 

In short, is Elena Kagan qualified? Totally. More than qualified. Is she the right choice for the country right now when we already have a court handing down 5-4 decisions like Citizens United v. FEC? Definitely not.