This is not a confirmation process I've been happy with over the past several months. I mean, how many of us can say we have an informed position on who Kagan is and how she might rule? This whole thing has been swept under the rug of media obscurity.
According to the United States Constitution (Art. 2, Sec. 2) it is the President of the United States, "by and with the advice and consent of the Senate", who appoints "Judges of the Supreme Court". There is no mention of the public's opinion of the person. We are a Republic, we elect representatives to represent us, they are the ones who make the laws and select judges (mainly, the President).
I read over the transcripts of the confirmation proceedings and she just ducked and dodged too many questions to be comfortable with her. As well, her record (I scholars get records too) at Harvard is not a good one.
She is certainly not the first, and probably will not be the last, Supreme Court nominee to duck and dodge questions he/she does not wish to answer. It happens all the time.
While she has a formidable legal mind (her academic credentials shouldn't be underscored) there is more than a bit of room for concern. Imho, the best judges/justices are the ones familiar with practice of the law and not just legal theory. Her placement on the Court is akin to taking a DPhil theologian from Oxford and putting them at the head of a mega-church.
While I would not support her for the Court we must learn that
elections have consequences. Obama was elected President and thus he will nominate candidates to the Supreme Court.
It seems this is a last ditch effort by an enfeebled administration to get one last big one through before the midterms change everything.
Don't count your chickens before they hatch. The Republicans are wonderful at putting both feet in their mouths and then wondering why they can't walk. If you want my opinion, the nation would be better if we walked away from this corrupt two party system. Basically we flip between two corrupt political parties that care nothing about doing what is right. We need a viable third party or independent candidates. Until people wake up and stop voting the same politicians into office, this cycle will continue.