More problems with Democrats for Elena Kagan?

  I have written here about the possible obstacles that Barack Obama’s nominee to the Supreme Court, Elena Kagan, may face with the far left voters in the Democrat party, but until now there really hasn’t been any questions raised about her positions– or lack thereof– by Democrats in congress.

  Today that has changed as Louis Slaughter has called Elena Kagan’s abortion credentials “troubling.” Louis Slaughter is a senior House Democrat and is also the head of the House Pro-Choice Caucus. She is concerned about Elena Kagan’s 1997 memo in which she urged President Clinton to compromise on a bill; this compromise led to President Clinton backing a bill that included a ban on the most vile of abortions– late term abortions.

  Louis Slaughter sites Elena Kagan’s lack of judicial experience as a reason to “fully examine” Elena Kagan’s pro-choice credentials. The lack of Kagan’s judicial experience is going to be made into a big issue in the confirmation hearings, not because this disqualifies her from the Supreme Court, but because people just aren’t sure where she stands on many issues. Both Republicans and Democrats are going to examine her more closely than they would examine a candidate whose positions have been well represented by positions they previously argued in court as a lawyer or ruled on as a judge.

  Barack Obama is asking the Senate to act quickly during the confirmation hearings, and I honestly believe he nominated a person with a lack of courtroom experience thinking that there would be less of a paper trail, thereby making her nomination less contentious than it would be if she had clear cut written and argued positions. If this is the reason for Elena Kagan’s selection, it may have backfired.

  Louis Slaughter may be the first elected Democrat to break with the party line and question Elena Kagan’s credentials, but now that she has I expect more Democrats to begin to voice their concerns.

  This process is just beginning, we still have a long way to go, but if this is any indication we may be in for a long and interesting confirmation hearing. The only thing that can stop Elena Kagan from being confirmed to the Supreme Court is a revolt by the Democrats in the Senate. While Louis Slaughter may not have a voice in the hearing, this may open the door to Senate Democrats to begin to question Elena Kagan’s credentials on various liberal positions, this may be the first shot in that revolt.