Political Hotsheet
By

Chip Reid /

CBS News/ May 10, 2010, 2:21 PM

Why Kagan? In A Word: "Leadership"

AP
Shortly after President Obama and Supreme Court nominee Elena Kagan appeared in the East Room of the White House today, I was called to a briefing by White House Senior Adviser (aka spinner-in-chief) David Axelrod, and White House Counsel Bob Bauer for a fuller explanation of why she was chosen.

Over about half-an-hour they used the word "leader" or "leadership" at least two dozen times -- so frequently it sounded like a verbal tic.

"The president feels strongly she has the qualities of a leader," Axelrod said in one variation or another again and again and again. He also praised her intellect, her deep understanding of the law, and he argued that her never having served as a judge is a positive - that she spent her career more in touch with the plight of real people. (I'm not sure how "real" the world is at Harvard Law School.)

But it was leadership that Axelrod kept returning to. And when Bauer spoke he followed the same talking points, right from the top. The president chose her for her "leadership qualities." Throughout her career she has "consistently gained notice for her leadership qualities."

So what's so important about leadership? Well, they explained, when Justice John Paul Stevens retires there's going to be a "leadership void" on the Court, and "her capacity to become a leader and fill that void is great."

The president sees Kagan as "assisting the Court in charting a constitutional path" - a different path than the conservative path it's now on.

Now let's be serious - the brilliance of her arguments is not going to suddenly convince the conservative wing that they've been wrong all along. And even Justice Anthony Kennedy, the key swing vote, is no easy sell, as Stevens, Ruth Bader Ginsburg and Stephen Breyer have frequently discovered. But what Axelrod and Bauer - and the president - appear to believe is that over time Kagan will use her "incisiveness of mind" to "help illuminate alternative paths."

I think what they're trying to say with their somewhat cryptic talking points is that they think she's so smart and so engaging that she'll be able to find new ways to decide important cases that keep the court from dividing 5-4 along rigid ideological lines. How she'll do that they didn't even give a hint. But they seem confident she can shift the court in a more progressive direction with creative new arguments, and that she'll be there long enough to make a profound difference on the direction of the Court.

One last question from a skeptical reporter - how can they be so confident she's capable of such historic judicial steering, when she's never even been a judge? Well, they say she showed the ability to lead as Dean of Harvard Law School and as Solicitor General.

Something tells me that being a leader in those jobs is a piece of cake compared to doing it with the likes of Justice Antonin Scalia and his conservative colleagues on the Supreme Court.

More Coverage of Kagan's Nomination:

Obama Nominates Elena Kagan to Supreme Court
Washington Unplugged: Elena Kagan Beyond the Gavel
Photos: Elena Kagan
Jan Crawford: Kagan Is a Strategic, Not Political Pick
Four Potential Confirmation Hurdles
Kagan "Honored and Humbled" by Nomination
Peter Maer: Obama Seeks to Frame Kagan Debate on on His Terms
Early Conservative Reaction to Kagan Nomination
Jan Crawford, Bob Schieffer on Why Obama Nominated Kagan
Obama Says Kagan "Embodies Excellence"
Schieffer Sees Bitter, Vicious Fight Over Kagan
Eliot Spitzer: Kagan Would "Get the Fifth Vote"


Chip Reid, CBS News Capitol Hill Correspondent
Chip Reid is CBS News' chief White House correspondent. You can read more of his posts in Hotsheet here.

© 2010 CBS Interactive Inc. All Rights Reserved.
  • Chip Reid

    Chip Reid is CBS News' national correspondent.

54 Comments Add a Comment
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allenmicheals says:
http://www.ThePartisanDialogues.com

hey check out this politics site i think u guys might like it
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marks6806 says:
She has shown extreme bias in the past - when she threw military recruiters off campus that case was overturned and it was based on the military homosexuality policy - a policy the military had nothing to do with - it was Clinton's policy.

A person with such bias isn't fit to sit as a local county judge much less SCOTUS. She was nominated as payback to the gay community. everything Obama does is a payback ("hope and change" - right? - you better hope he changes soon!).

And she isn't much to look at, either.

Suzie - PLEASE come with something original. Thanking you in advance, from someone who is not from the party of NO but understands why they keep saying NO.
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SueZeeeQue says:
Republicans were threatening a filibuster before Obama even picked a nominee.



Does anyone really think the party of NO would like anyone Obama picked?
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wdh3007 says:
"Throughout her career she has "consistently gained notice for her liberalism qualities."
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SueZeeeQue replies:
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Speak English much?
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AlanW21126p says:
This pick has nothing to do with picking a qualified person, so much as it has to do with Obama throwing the LGBT crowd--the lesbians and gays--a bone. For over a year they have loudly whined that Obama wasn't helping them as much as he said he would in the campaign. He's hoping that by choosing a prominent lesbian that they will now ST*F*U for awhile. And vote for him and his congressional lackeys as well.
This is so transparent I'm surprised so many of you have not mentioned it yet.
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AlanW21126p says:
In a word? Ug---ly.

I may have to get my retinas surgically replaced after seeing this photo of Kagan.

Bow wow.
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doctor_know replies:
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Well, nobody ever said the supreme court was pretty.... so WTFC?
marks6806 replies:
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Yeah. In particular when she smiles.
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marks6806 says:
CBS is Soooo balanced. Why don't they just run Obama's spin machine....?

Come to think of it, they all dance to his music as it is.

What ever became of the media whose job ot was to 'balance the powerful exective branch.'
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SueZeeeQue replies:
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If you're looking for 24/7 anti-Obama, go to Fox News.
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whatisit21 says:
The United States is a joke country.
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doctor_know replies:
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Good one, good one.
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RatPackSixGun says:
Graft, corruption, payola, oh my!
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marks6806 says:
Never sat as a judge in her life and now she become the next SC Justice (??)

Also, she threw military recruiters off campus when LS Dean at Harvard. I guess those fighting men and women were 'not fit to set foot on Harvard' grounds - but it was OK for them to risk their lives to protect our nation.

Perhaps her 'security' as a SC Justice should be limited to wanna-be law clerks with pepper spray.
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doctor_know replies:
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point 1) the is the traditional rout to the SCOTUS

point 2) She found the recruiters to be violating the LAWS of the institution, so she enforced those laws.... good judges do that.
marks6806 replies:
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She wasn't a judge and her 'concern' was over the military don't ask/tell issue. It went to SCOTUS and was overturned with no dissent - she was shut-down. This was a bias-based case. Her homosexuality took precidence over the law - so now we make her a member of the SCOTUS? Does that make sense?
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