Schieffer Sees Bitter, Vicious Fight Over Kagan

Solicitor General Elena Kagan at the annual meeting of the 7th Circuit Bar Association & Judicial Conference, May 3, 2010 in Chicago.

/ AP Photo/David Banks

Elena Kagan, President Obama's pick to replace Justice John Paul Stephens on the Supreme Court, was easily confirmed to the position of Solicitor General last year by the Senate, by a vote of 61-31. But CBS News chief Washington correspondent and host of "Face the Nation" Bob Schieffer said the confirmation fight to get her onto the High Court will be "a really bitter and vicious one."

Reacting to the news of Kagan's nomination this morning on "the Early Show,", Schieffer said that he believes she is eminently qualified but that this is, after all, an election year, an "especially toxic election year" at that.

"Just this weekend, you saw the very conservative Bob Bennett, the Senator from Utah, lose the Republican nomination because members to the right of the party, a lot of Tea Party people, thought that he was not conservative enough. I think you will see some Republican Senators, moderates, giving very careful consideration to their vote on Elena Kagan. In a way, a vote against her would be 'Tea Party insurance,' to let people know that they're moving to the right.

"The Republican Party is moving very far to the right," said Schieffer. So while he believes she will pull through and be confirmed, "This is going to be a very, very difficult election-year argument on Capitol Hill."

One of four names being considered for the Supreme Court, Kagan gave the White House everything they wanted, according to CBS News chief legal correspondent Jan Crawford: "She's progressive, even though some people say she may be moderate, but she is a progressive; she will be a leader on that court; she can build coalitions, bring consensus together; and she's 50 years old."

Crawford did not think that Kagen would not spark a huge ideological battle against her confirmation, in part due to, as "Early Show" anchor Harry Smith suggested, her ability to get along with others. "It seemed she was almost as valued for her EQ as her IQ," Smith said.

"She actually has both," Crawford said. "I've known her for a long time, she was a professor of mine at the University of Chicago Law School, and she's very engaging very challenging, she's quite dynamic in her personality. And you see that when she's arguing cases before the Supreme Court. The Justices really like her — you should see Justice Scalia (obviously a conservative) and Kagan going back and forth. So the White House sees that as a real plus, and they expect her to be a very effective jurist on that court."

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"Isn't it ironic," noted Smith," it appears the President of the United States during his State of the Union address specifically chastises the court for its decision on campaign finance reform, allowing corporations to put as much money in campaigns they want, and the person who argued against that was [Solicitor General] Elana Kagan."

"Right, she defended that law and you're going to hear that over and over and over in these hearings — that she defended that law, she was on the side of everyday Americans.

"The problem for her and why this doesn't quite fit is that she's not really an everyday American — she's Upper West Side New York, Princeton, Harvard, Oxford. So, you know, she is part of that elite academic world."

Crawford noted that Republicans are already hammering Kagan as "a true Washington insider."

Some had suggested that another candidate for the position, federal appeals court Merrick Garland, would actually have been less of a battle to confirm. For one, Garland is personal friends with Supreme Court Chief Justice John Roberts, with whom he served on the bench.

But that choice may wait for a time when Democrats have even less of a majority in the Senate. "The president decided [Kagan] is my best card to play at this time," Smith said.

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[dynamitewoman]

What in the world? Kagan is not an "everyday" american because she is an upper West sider with an outstanding academic background? Name me one political figure of any importance that has not been privileged or supported by those who are.By the time a candidate of any stature has reached a level of national recognition, I daresay they have kissed so many ***** they need a chapstick lobbyist and a well paid government chiropractor to help them stand painlessly erect again.Anyone who has earned kudos for academic acheivements and has the capability to relate easily to the public at large should not be condemned for accomplishments that elude others. I have one word for you......BUSH.

[NowBeWithThat]

"...Schieffer said that he believes she is eminently qualified..."
____________

Eminently qualified? Based on what, Bob?

Her stint as dean of Harvard Law? Perhaps it is her complete lack of judicial experience? Your aged opinion?

[JuanElectro]

First, the Obama administration said she is "eminently qualified" and second she's a far left democrat. Now you know how Schieffer, the expert on what consitutes judicial qualification, came to his conclusion. Schieffer exemplifies just how far CBS "news" has fallen. Sad to watch.

[JuanElectro]

It is truly sad what passes for reporting on CBS these days. Harry and Maggie gliggling like school girls at the nomination, and every person brought on to discuss the nomination of Kagan is either a fellow democrat or a supporter. No objective reporting whatsoever. And why do you keep Bob Schieffer around? If you have watched him for any length of time you know his answer to every question: Obama good, everyone else bad.


And why not follow up on the allegation that Kagan is a lesbian? Wouldn't that be historic and therefore worth exploring? Or is it only the sex lives of republicans that matter? Surely, how a homosexual supreme court nominee would rule on gay marriage or don't ask, don't tell, etc. are important to the confirmation process and the public has a right to know.

CBS is getting so bad at covering Obama that all you have to do is read a white house press brief to know exactly, word for word, what the CBS "news" will "report". Is it your job to be reporters or supporters?

[Bisk1]

Repugs and S E XX ....... Dumb Repugs !!

[dynamitewoman]

If it is truly an allegation that Kagan is a lesbian, it might fall under "propoganda" or be absolutely correct.How do you think she would rule on gay marriages, or was that just a rhetorical tongue in cheek question? There are many straight people that beleive all people are entitled to the constitutional rights affirmed by our forefathers.. All men are created equal and endowed with certain inalieable rights. You know what they are I am sure.Do we ask if someone is gay before they vote in public elections? While i do realize that those in the position to enact or change laws, or make judgements may draw on personal experiences and background,it is up to the people to elect someone who will do the best for the nation as a whole and look beyond personal convenience and self serving agendas. This may be impossible within the realm of politics given our entire system is based on the "one hand washes the other" idea, but we can only hope that a universality will prevail and serve to unite us as a nation instead of tearing us asunder because of our differences.

[larrryshrine]

I agree on the polarization. The Republican Party not only is moving to the right, it in some ways has already arrived on the fringes. The Tea Party is only relevant in how it is fracturing the Republican Party. The independents will recoil from that, and it should be a fairly good '10 election for the Democratic Party, no matter how much news the "noisy" fringe makes. Have a good day. Please feel free to call me names if it makes you feel better:)

[jeff-fla]

The tea party is destroying the Republican party. With being so far to the right, they will lose to moderate Democrats.