Elena Kagan's sexuality may actually become the central focus of her nomination fight. I have joked about this before, as I joked about Sonia Sotomayor's status, assuming this would be an issue happily tittered about by the sexual cognoscenti as well as by the virulent right.
But it seems about to go wide. You can feel it. We are just on the verge of articulating our right to know somebody's sexual point of view.
This is partly because, having not been a judge, she does not have a career history of written opinions, which leaves her opponents, who have perfected the art of opinion slicing and dicing and magnification, a bit flummoxed.
What can they say about her?
This is only a somewhat less happy condition for the left-wing. There's an awfully go-along-to-get-along aspect of Elena Kagan's extremely climb-the-ladder bureaucratic career that can easily be read as describing somebody who might not be the implacable foe of the liberals' implacable foes. That's dispiriting.
Except if she's gay.
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In order to have a moderate court we need 2 or 3 extreme left liberals to push back and to balance the R-leaning court..