A First Thought on Kagan

President Obama is set to name Elena Kagan as his nominee for the U.S. Supreme Court. One of the conservative memes about Obama is that he is "the most pro-abortion president in history." This meme was first begun by Princeton Professor Robert George who has traded in his professorial aloofness from the political realm by starting a Washington-based advocacy group, the American Principles Project, although a quick visit to their website will show that he is now more concerned with politics than principles and utterly dismissive of those parts of the American experience that do not comport with his agenda.

It would stand to reason, however, that the most pro-abortion president in history would select the most pro-abortion candidate for the Court. In this case, Obama did not do so. Kagan's views on abortion are opaque, although it is foolish to think she does not share the general liberal judicial stance in favor of Roe. But she is no Diane Wood. If Obama had chosen Wood, whose devotion to abortion on demand is well known and well documented, perhaps there might be something to Professor George's characterization. But, he did not choose Wood. Don't hold your breathe waiting for Professor George to correct or even amend his charge, even though it would be the principled thing to do.

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