I'll stick my neck out and say she will be a liberal Roberts, i.e., someone who gave Dems no reason to vote against him in the hearings but who has turned out to be the right-wing asshole everyone knew he was. I'm guessing Kagan has been on her very best behavior to assure herself of a place on the court, and I think--I hope fervently actually--that she will solidly shore up the left wing of the court. (I don't care if she's an asshole to right-wingers when she gets on the court. More power to her if she is.)
Here's an interesting assessment from yahoo news of Kagan's performance. The author, law professor Barry Friedman, argues that, based on her testimony, she'll "clearly" be more moderate than Stevens. I doubt anyone knows how she'll be when she puts on the robe. Confirmation hearings are no indication of what's in store as far as votes and views go.
http://news.yahoo.com/s/ynews/ynews_pl2949...
Kagan has also demonstrated considerable agility when the questions have gotten into specific legal issues. We didn’t know much about her views going into this hearing — and we won’t know a whole lot more coming out of them. But she’s clearly sharp, well prepared and highly able. Senators who tried to challenge her have been frustrated at their inability to do so. Repeatedly, they simply announced that they would “move on” to their next subject, having made little headway.
It is also clearer than ever that Kagan is not likely to move the court to the left. She’s replacing Justice John Paul Stevens, arguably the most liberal member of the existing court. From her responses to questions on issues such as gun rights — which she says is now “settled law” — she’s given Republican senators no reason to conclude she will be to the left of Stevens. If anything, those on the left may be concerned by the moderation of her answers.
Some of the Republicans will vote for Kagan; some against her. But so far, her nomination is moving ahead even more easily than expected. It would require a filibuster to stop it; almost all the Republicans would have to decide they were willing to talk it to death on the Senate floor. That just isn’t going to happen, and not only for all the reasons above. It would also be political suicide. Several senators have noted how well the questioning is going; stalling a well-qualified female nominee isn’t likely to do much for them. So why bother causing a stink that isn’t going anywhere?
By the end of Senator Grassley’s questioning, the repartee between Grassley and Kagan had the hearing room in stitches. There were roles to be played, to be sure. But a sense that “we are all friends here” prevailed through much of the afternoon — from both the senators and the soon-to-be Justice.
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