Nomination of Obama to the SCOTUS - Essay Example

Rather, an individual who would never have been drawn into political variations like ‘The Democratic’ or ‘The Republican’. The surprise choice of a non-political and inexperienced hand for the post has attracted the attention of debates and arguments among the people of America largely.

By the selection of Ms.Elena, president Obama marks the sport of challenging conservatism. This must have been an example set by him to provide new thoughts from a lady commander for ensuring accurate justice to one and all. Born on April 28, 1960, Ms. Kagan hails from New York City. She has served Harvard Law School as its dean after pursuing a creditable career as a professor in law at the University of Chicago Law School. Ms. Kagan has had her political experience by serving President Bill Clinton as his policy adviser. Ms. Elena Kagan is expected to deliver her best as the head of the Supreme Bench of the American judiciary with her limited experience in the field. But the installation of such a new brain must have focused much on the dispassionate outcome of the judicial examination of any issue that could stand on the progress of the political process in America.

Ms. Kagan’s approach toward the political system molded her finally to think that result-oriented arguments that ignore the plain meaning of the law are the essence of judicial activism. However, the steering of the judiciary of America is not going to be a cakewalk for Ms. Kagan as she is answerable for the lots of questions asked by the Senate Judiciary Committee. There has been wider speculation that Ms. Kagan can run through easily as she is willfully supported by Patrick Leahy, SJC Chairman and Democratic Senator from Vermont. The spectators are gifted with a high-intensity war of ideologies of Jeff Sessions, the Ranking Member of the SJC and a strong Republican who cast doubts on Ms.Kegan’s qualifications.

As far as her critical questioning ability is concerned, ‘The Solomon Amendment’ can be referred to as an example. The Solomon amendment, passed by Congress denied federal funds to schools that barred military recruiters. Ms. Kagan challenged it with an amicus brief that led to a contrary argument where the Supreme Court’s unanimous opinion was ultimately forced to refute the issue. Her clinical responsive ability is a known concern for the President. Media barons speculate the new entry would raise the professor to a height equal to the administrative abilities of the President himself (Klein, May 11, 2010).

There could be no more doubts about Ms. Elena Kagan’s efficiency as it had taken only a year for her to be recommended by the president from the Senate to the Supreme Court. This is largely estimated that Ms. Kagan can sustain the moderate progressive view of the court if her areas of involvement are effectively constrained. American politics has a great influence on the judicial system and hence, any emotional move an individual would damage the integrity of the entire system. Perhaps, Ms. Kagan is going to be wise enough only to choose to be the second best. This perspective would drive her decisions as an Associate Justice on the Supreme Court. As she is highly respected by the president and several senators, her presence in the court is sure to demonstrate a differentially creditable function.