Elena Kagan, likely short-list candidate for a Supreme Court nomination to replace the retiring Justice Stevens

I’m wondering what my fellow ThickCulturites think about Obama’s policies of late, e.g., environmental policies on offshore drilling and increasing the CAFE standards. Is he being schizophrenic or shrewd? I firmly believe his strategies tend to be well-thought-out, at least at the 40,000 foot level, and not haphazard. I think the strategy isn’t always clear. That said, I’m quite interested who he chooses to replace the retiring Justice John Stevens of the US Supreme Court.

I think the safe bet would be Elena Kagan. She’s a solid choice as a moderate and since any confirmation is likely to be contentious along party lines, a moderate will be harder to paint as a hardcore liberal by Republican senators. Doing so could backfire, depending on the media spin.

On the other hand, what if Obama went hardcore liberal, particularly anti-corporatist? Choosing an appointee that would satisfy the bloodlust of Main Streeters who want punishments doled out to Wall Streeters that Geithner’s policies. If there’s going to be a catfight over confirmation and threats of filibuster, why not appoint a nominee frames as a Wall-Street reformer? They would be tough for Republicans to attack in this political climate and it would test the cohesiveness of the Democratic party, as conservative Democrats may balk at supporting such a nominee. Appointing a hardcore would be a bold move and if the nominee fails to get confirmed::

  1. It wouldn’t be a shocker, so if s/he’s not confirmed, it wouldn’t be a stinging loss to the Obama administration
  2. It could be framed as a conservative support of big banks and corporate interests
  3. It would pave the way for an easier confirmation of a more moderate appointee

The nomination would assuage the liberals and stir up an ideological hornet’s nest as we move towards the 2010 midterm election.

The devil’s in the details…So, all you legal beagles out there…who would fit the bill?

Twitterversion:: @BarackObama w/another Sup.Ct.nom. Odds may favour Kagan, but what about a strategy of an ultra-liberal anti-corporatist?  @Prof_K

Song:: Murphy’s Kids-‘The Anti-Corporate Beach Party’