The Senate confirmed Elena Kagan's for the Supreme Court by a 63-37 margin Aug. 5, thus overcoming opposition by all but five Senate Republicans. The Justice Integrity Project announced opposition June 28.
Our goals didn't rely on vote results. Instead, we wanted to shift debate away from the party-line hokum and horse-race punditry.
Here's our prediction: With the Kagan appointment, we're now seeing the yet another well-credentialed careerist elevated to a lifetime job.
She'll likely help shift constitutional power further toward an increasingly unaccountable Executive Branch that's vastly different than the Framers envisioned even as amplified by post-Civil War amendments for a slave-free society. The Constitution-makers emphasized the duties of the Senate and House, and the vital congressional role in checks and balances.
Kagan, 50, a close friend of President Obama and a former top aide to President Clinton, suggests through her writings and other actions that she's comfortable with these dangerous long-term trends.