Elena Kagan Celebration Continues--Madonna Version

The Elena Kagan celebration continues at RSI. This morning "Celebration" by Madonna.

"Celebration"

I think you wanna come over,
yeah I heard it through the grapevine.
Are you drunk or you sober?
Think about it, doesn’t matter
And if it makes you feel good then I say do it,
I don’t know what you’re waiting for

Feel my temperature rising
There’s too much heat I’m gonna lose control
Do you want to go higher, get closer to the fire,
I don’t know what you’re waiting for

Come join the party, yeah
Coz anybody just won’t do.
Let’s get this started, yeah
Coz everybody wants to party with you.

Boy you got a reputation, but you’re gonna have to prove it
I see a little hesitation,
Am I gonna have to show you that if it feels right, get on your marks
Step to the beat boy that’s what it’s for

Put your arms around me
When it gets too hot we can go outside
But for now just come here, let me whisper in your ear
An invitation to the dance of lifeCome join the party, it’s a celebration

Anybody just won’t do
Let’s get this started, no more hesitation
Coz everybody wants to party with you
Haven’t I seen you somewhere before?

You look familiar
You wanna dance? Yeah.
I guess I just don’t recognize you with your clothes on… (laughs)
What are you waiting for?

Boy you’ve got it
Coz anybody just won’t do
Let’s get it started, no more hesitation
Coz everybody wants to party with you

Damn That Ezra Klein

Ezra Klein pretty much gets it right on Obama's nomination of Elena Kagan when he says that Kagan looks a lot like Obama himself.

When Obama announced Kagan's nomination, he praised "her temperament, her
openness to a broad array of viewpoints; her habit, to borrow a phrase from Justice Stevens, 'of understanding before disagreeing'; her fair-mindedness and skill as a consensus-builder." This sentence echoes countless assessments of Obama himself.

Obama is cool. He makes a show of processing the other side's viewpoint. He's more interested in the fruits of consensus than the clarification of conflict. In fact, just as Kagan is praised for giving conservative scholars a hearing at Harvard's Law School, Obama was praised for giving conservative scholars a hearing on the Harvard Law Review. "The things that frustrate people about Obama will frustrate people about Kagan," says one prominent Democrat who's worked with both of them.

Still, I've been thinking that all day myself and hate to admit that Klein wrote it first. Damn you, Ezra Klein.

Elena Kagan? I'll Be Surprised If There's a Vote

The definitive word is now out that Solicitor General Elena Kagan is going to be nominated for the Supreme Court by President Obama.

Lefties like Glenn Greenwald oppose Kagan because she's too closely aligned with conservatives and is pretty much a judicial blank slate because she's never been a judge. Likewise, Kagan seemed to be favorably toward the expansion of executive power during the Bush years, has been too close to Goldman Sachs, and did little minority hiring while she was the Dean of Harvard Law School.

That all bothers me as well.

But I'd be surprised if Kagan's nomination came to a vote.

The main issue is that Kagan was the leader in Harvard University's decision to exclude ROTC from campus as long as gays were excluded from the military.

That's a position I support.

But the Republicans are going to frame the Kagan choice as "Gay Rights vs America" and they'll most likely have a great deal of success in mobilizing Tea Party support as the Obama administration struggles to get beyond its initial tone deafness.

It's hard for me to see how the politics of the Kagan nomination are going to be anything but pretty grim because of the likelihood of Democratic defections. It's easy to see Joe Lieberman and Ben Nelson declaring against Kagan as a way to stick it to the left. At the same time, it's hard to see Blanche Lincoln and Mary Landrieu as standing up to conservative pressure to vote the "pro-military" values of their constituents.

That's four Democratic "no votes" right off the top of my head. So Harry Reid is going to start with 55 votes out of the 60 he's going to need to overcome the inevitable GOP filibuster.

I'm a big believer in fuzzy math. But I don't see anything fuzzy about the the math of a Kagan nomination.

Apparently, the Obama administration thought a Kagan nomination would be difficult to demonize.

They're in for a rude awakening.

A New Opportunity for the Right-Wing Fiction Machine

According to Chris Good of the Atlantic Monthly, Elena Kagan will be hard for conservatives to attack if Obama nominates her for the Supreme Court:

I asked Carrie Severino, chief counsel and policy director of the Judicial Crisis Network (a conservative group focused on judicial nominees) what conservatives are going to say about Kagan, and what Kagan's "wise Latina" moment, if there is one, will prove to be.

"She has been much more careful than Justice Sotomayor. She never would have said something like that even if she thinks it. She's been so careful for so long that no one seems to know exactly what she does think," Severino said.

As if any of that's going to matter.

It's not like honesty is Job 1 on the right. If they can't find anything in Kagan's record to attack, they won't have any problems making things up. It might turn out that creative conservatives are consulting the collected works of Joe McCarthy, Pat Robertson, Jerry Falwell, and Ann Coulter as they gear up for a Kagan nomination.