Excellent, excellent post at Kos on this most recent topic to divide the left. Also this diary is very timely to go hand-in-hand with Skinner's recent post on expectations and grantcart's post on diversity yesterday.
http://www.dailykos.com/storyonly/2010/5/12/865581/-The-Problem-With-Elena-Kagan-Is-That-Shes-Not-YouThe Problem With Elena Kagan Is That She's Not YouThe Problem With Elena Kagan Is That She's Not You
by Troubadour
Wed May 12, 2010 at 10:36:40 AM PDT
This diary isn't addressed to anyone in particular - there have been relatively thoughtful diaries expressing concerns about this or that in her record, and I'm sure the most cogent of those concerns will be addressed in the confirmation hearings. But ultimately, I agree with Cenk Uygur that the problem with Elena Kagan is the same as that with Barack Obama: Neither is Cenk Uygur. Or, speaking more generally, neither is you (whoever you happen to be). You, the paragon of liberal virtue, repository of all knowledge and oracle of progressive political wisdom, have been impiously blasphemed again and again by the failure of the political establishment to do exactly what you would do in their place.
They have failed to act in their capacity - as defined by you - of being your personal agents in Washington, and instead acting as if they have minds of their own, and have to represent other people as well. It's almost as if they believe they're human beings in a society of other human beings, trying to do a job with many interlocking and occasionally interfering responsibilities. Where do they get such crazy ideas?
A President of the United States who went to Harvard Law School on his own merit and taught law at the University of Chicago must be off his rocker to think he knows the difference between a good potential Supreme Court Justice and just some random person wandering the halls of the Justice Department. I mean, sure he might get lucky and accidentally nominate the right person - hopefully you, or someone who is exactly like you - but more likely than not, he would nominate someone who at some time said something you disagree with: A grievous offense against all that is righteous and holy - aka, you.
Much more goodness at the link.
Edited to add link.