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June 25th, 2010
03:35 PM ET

Why is support declining for Kagan to be Supreme Court justice?

FROM CNN's Jack Cafferty:

Elena Kagan's confirmation hearings to be the nation's next Supreme Cort justice begin next Monday. But the number of people who think she belongs on the high court is declining.

A new CNN/Opinion Research Corporation poll shows 44 percent of Americans want the Senate to confirm Kagan which is down 10 points since may.

39 percent oppose Kagan's confirmation - that's up three points.

And 17 percent now say they're unsure or undecided... up from 11 percent in May.

Not surprising since people probably don't know a whole lot about Kagan.

Opinion on her has changed the most among women and Democrats. These are people who initially supported the nomination because Kagan is a woman or because Mr. Obama chose her; but now that they're getting some information on her views - they're not so sure.

It will be interesting to see how much information the senators can get out of Kagan... with lawmakers complaining in recent years how difficult it is to get substantive answers out of nominees.

15 years ago - Kagan herself complained about Senate confirmation hearings... calling them a "hollow charade" and a "ritual dance."

One issue that will likely dominate the hearings is Kagan's banning of military recruiters from Harvard law school due to the Pentagon's "don't ask, don't tell" policy.

Another hot topic could be Kagan's lack of judicial experience - she has none.

Meanwhile - a group of nearly 900 orthodox rabbis are opposed to Kagan's nomination. they say she is "not kosher" and unfit to serve on the high court. The rabbis take issue with Kagan's views on homosexuality and abortion.

Here’s my question to you: Why has support been declining for Elena Kagan to be the next Supreme Court justice?

Interested to know which ones made it on air?

Mark in Voorhees, New Jersey writes:
Support has been declining for Kagan for the same reasons that there was opposition to the health care bill (and why it wound up so toothless), for the same reasons why there is any question that BP was massively negligent in the Gulf Oil disaster, or for that matter why Sarah Palin is qualified to be anything but a greedy housewife: Unrelenting and hugely funded campaigns of misinformation, orchestrated talking points and weapons of mass distraction.

Ken writes:
People are learning more and more about her. As they find out she is one who speaks her mind and it's not always what they want to hear, they begin not to like her. Once people find you do not agree with their every position, they begin to think less of you. There is also the fact that she is President Obama's choice and "NO" is the agreed upon response to anything he wants.

Steve in Virginia Beach writes:
I don't know but I hope it's because we've finally woken up to the importance of learning something about people before supporting them for positions of public trust.

James in Florida writes:
The dilemma of the Supreme Court nominations is easily solved, Jack, by bringing the court itself into the modern era. Nine justices were probably fine in 1820, but this is 2010. The U.S. Congress, I believe, has the power to expand the number of justices. Thirty or forty would be good. The era in which a small coterie of like minded ideologues can make socio-political decisions MUST come to an end.

Al in New Jersey writes:
The public is losing faith in the Obama administration primarily because of the Deepwater Horizon catastrophe and the failure to help Americans on the Gulf. Kagan's chief credential is administration support. So, as the administration goes, so goes public support for Kagan.


Filed under: Elena Kagan • Supreme Court
soundoff (88 Responses)
  1. Russ in PA

    Did you hear her comments on free speech? She doesn't deserve to be the next justice.

    June 25, 2010 at 12:38 pm |
  2. Jon

    ummm...could it be because she's a socialist? or maybe it's just because Obama nominated her and opinions of him are not so great at the moment.

    Jon
    Lima, Ohio

    June 25, 2010 at 12:40 pm |
  3. Mark-Pennsylvania

    I think the fact of the matter is she is really much more conservative and middle of the road than either the Demorats want or the current right wing radical Republicans can tolerate, but in the end she will no doubt be confirmed.

    June 25, 2010 at 12:55 pm |
  4. Gary Siegfried Dolan Springs, Az.

    I think the support for Elena Kagan is declining because of her beliefs and ideaology.

    June 25, 2010 at 12:55 pm |
  5. Tom SE NM (The Working Part)

    Many of the policies Obama has inflicted on the country can be reversed/repealed, but attentive citizens realize this Supreme Court selection will haunt us for decades!!

    June 25, 2010 at 12:59 pm |
  6. Eric Platt

    Support is dwindling as people become more and more aware of her lack of judicial experience and her far left agenda.

    June 25, 2010 at 1:04 pm |
  7. B.J., Quincy, Il

    Because thje media isn't making a big deal out of it, they have the 'oil spill' to talk about among other more important things to present to the audience.

    June 25, 2010 at 1:42 pm |
  8. ~BEVERLY~Mystic,Iowa

    It's because of the Republican'ts, as always. They're hellbent on preventing progress – anything that will be good for America – & will stop at nothing, until they get their way. So sad. They just can't accept the fact that they're losers . . . in more ways than one, but losers they are, & will always be, as long as they don't believe in improvement, & doing the right thing for Americans. They're the Party of NO/status quo.

    Teabaggers are even worse. Instead of the status quo, they want to TAKE AWAY the rights we already have; those that were so needed, & so difficult to win, throughout our history. With them in office, we would probably bring back slavery, take away women's voting rights, get rid of Social Security, and all progress made since about 1850.

    So, if things aren't improving in America, & every other country in the world is leaving us in the dust, you can bet your life that there are always 2 reasons, both under the heading "GOP". (Goofy Old People.)

    June 25, 2010 at 1:53 pm |
  9. Mark, Oklahoma City

    When moderates like me found out Kagan did not want our own troops recruiting on the campus of Harvard, yet accepted a $20 million donation from a wealthy Arab to build a "Center for Islamic Studies" on the same campus, that was all it took for me to give her the thumbs down. Let's see her explain that next week.

    June 25, 2010 at 1:55 pm |
  10. Ed from Harrisburg

    Jack, this one is a no-brainer. Support for Kagan is declining because support for Obama is declining. I say that as one who voted for him and believes he can do a lot better and is not fulfilling his promise, which is disheartening. Kagan may be a casualty of his less than steller performance.

    June 25, 2010 at 1:56 pm |
  11. Michael, Alexandria, VA

    Gender bias is behind some of it and the fact that she really is an unknown on some issues is another. Additionally, some groups find that Supreme Court nominations are an excellent opportunity to get their own names out there and to fundraise. Making someone controversial helps this. As long as she performs well before the Judiciary Committee, which I suspect she will, there is no cause for concern.

    June 25, 2010 at 2:03 pm |
  12. JENNA

    Why has support been declining for Elena Kagan to be the next Supreme Court justice?

    Why is her confirmation taking so long?

    Jenna
    Roseville CA

    June 25, 2010 at 2:08 pm |
  13. andyz

    Politics as usual. I strongly suspect that each member of Congress has a drama coach replacing their political advisor. Maybe they'll do something really productive like voting themselves another pay raise.

    June 25, 2010 at 2:31 pm |
  14. Rob in Brooklyn

    does it really matter anyway. The courts are a joke . The big corporations are paying off everyone. same old , same old no matter who the hell gets in there.

    June 25, 2010 at 2:35 pm |
  15. CRAIG R. MCNEES

    tampa, fl that our representatives actually looked into her positions on the record rather than listening to what she actually said in congress. she lost my vote when she tried to help the chamber of congress file suit against arizona's laws on illegal immigration. i am sick and tired of our government stalling on this issue until we are knee deep in illegals before taking action. we passed knee deep back in the 1980's.

    June 25, 2010 at 2:49 pm |
  16. Jerry Jacksonville, Fl.

    I haven't saw anything that indicates her support is slipping. I'm sure if it is that the reason is because of all the other stories that have taken center stage.

    June 25, 2010 at 3:02 pm |
  17. Bob in NC

    Folks are done with the "no experience" experiments associated with the current administration. Their arrogantly incompetent performance validates that swimming about in the hypothetical cannot replace real world experience to prepare individuals for leadership positions.

    June 25, 2010 at 3:04 pm |
  18. Bizz Quarryville, Pennsylvania

    The decline in Kagan support is because of the Young American's Foundation along with other conservative groups who are sponsoring 'Keep Out Kagan Day' they have been looking for dirt and apparently found some in a thesis she wrote on the Socialist movement. Plus she banned military recruiters from being on campus when she was dean of Harvard law school. But if this is all the dirt they can fine it shouldn't be enough to keep such a qualified candidate from joining the Supreme Court. After Clarence Thomas nomination got approved I would think this should be a cakewalk for Kagan.

    June 25, 2010 at 3:06 pm |
  19. Gerry

    I think were just fed up with the screwballs nominated to fill critical positions in our government. Most have their own agenda that is not compatible with mainstream America . Elana Kagan certainly won't interpret our constitution but will attempt to manipulate it to satisfy her own philosophy and agenda. The more information that surfaces on Elena Kagan the more her support will diminish.

    Gerry
    Ash Fork, Az.

    June 25, 2010 at 3:06 pm |
  20. Tina Tx

    Who knows? People tend to loose faith the longer the process takes to get one seated in the Supreme Ct.

    June 25, 2010 at 3:07 pm |
  21. Thinkforyourself, OK

    Because it is becoming obvious that she is a Judicial FAR FAR LEFT Activist.

    June 25, 2010 at 3:09 pm |
  22. Michael H. in Albuquerque, NM

    It may involve a personal matter at Kagans home:
    "A woman fed up with her neighbors’ 5-year-old grandson driving a loud ATV vehicle up and down her quiet street for hours has decided to deal with the two-year feud by flashing her bare breasts at the child.
    The woman told Eye Witness News that because police wouldn’t do anything about the “maddening” ATV noise, she decided to go outside topless every time the kid rides the vehicle on her street. As soon as she’s spotted naked from the waist up, the boy’s horrified grandparents pull the child inside.
    She says it’s the bravest thing she’s ever done. The middle aged lawyer is not breaking the law, according to police, just using poor judgment."

    That would explain it, Jack.

    June 25, 2010 at 3:12 pm |
  23. Larry from Georgetown, Tx

    I don't know but I'm sure if I listen to you today I'll find out. Oops, can't make it today, it's during my nap time or is it time to watch that other network that you love so much.

    June 25, 2010 at 3:18 pm |
  24. southerncousin

    People are realizing she is an inept, intellectual lightweight with a left wing agenda like the inept, corrupt union tool that nominated her.

    June 25, 2010 at 3:21 pm |
  25. Dee in Woodstock GA

    Personally, I would be much more concerned that 17% of those polled apparently have no clue at all! That's a number that should be scaring all of us.

    June 25, 2010 at 3:38 pm |
  26. samantha

    She is obama;s choice and its becomming clearer each day, he wants people in place who do not question him at all. Another Obama puppet.

    June 25, 2010 at 3:43 pm |
  27. Meg from Troy

    Jack–
    All your questions seek negative answers. I don't know. It seems that the media is lobbying for everything to be viewed negatively that has to do with the White House. Tired of it. We have so many problems, and this negative focus doesn't help improve or solve anything we have on our plate. Why not ask why Republicans want to put out of work people on the streets. I'd like to hear those answers.

    June 25, 2010 at 3:43 pm |
  28. Betty---Iowa

    I really don't know much about Elena Kagan, but some of the objections to her being nominated, are shallow.
    The fact that the Rabbis say that she is not "Kosher" , would have nothing to due with her qualifications as far as I can see.
    And the fact that banning the recuriters from the campus because of the "don't-ask don't -tell", shows that she thinks that the people who are in the service have to hide their "lifesyle", I think is a fair one.
    After all-these men and women put their lives on the line for us.
    If Congress votes no on her being confirmed, they will have more reasons that these.

    June 25, 2010 at 3:47 pm |
  29. Rick Medina,OH

    Jack,

    Supreme Court nominees must be politicians until the confirmation process is complete. Afterwords, they can simply be jurists. Ms. Kagan comes across dry and uncomfortable when she speaks, which won't bode well against the sharks in the Senate. Her views are predominately liberal, which helps explain the poll numbers. But, she only has to sell herself to the majority of a 100 person club.

    Rick,
    Medina, OH

    June 25, 2010 at 3:47 pm |
  30. Bill - Atlanta

    Jack, we are so dumbed-down. Most people just tow the party-line and don't ask questions. I don't understand how "support" could have possibly been measured when she was first nominated since, as you mention, she was an unknown. The support or lack thereof was based soley on who appointed her – Obama – with a little push up because of gender. Don't expect to get to know her any better listening to the partisan bickering sessions, I mean the confirmation hearings. Leave it to politicians to screw up the brilliant work of our founding fathers.

    June 25, 2010 at 3:51 pm |
  31. David Alexandria, VA

    Because people are finally figuring out that the supreme court justices need to be the best at what they do and have deep judicial experience. This is not a social experiment about "empathy" or "women" or "keeping kosher." This is about the highest court in the land. We need the best of the best, not the best a political agenda and idealogue can come up with. But what would you expect from a Chief Executive who has no executive leadership experience?

    June 25, 2010 at 3:51 pm |
  32. Lori - PA

    Jack,

    I never did understand why Elena Kagan was nominated to be the next Supreme Court Justice when she had no judicial experience. Had it been my decision to make, I would have chosen a person who did have judical experience (Diane Wood or Leah Ward Sears). I hope those participating in the Senate confirmation hearing vote agains Ms. Kagan's nomination.

    June 25, 2010 at 3:51 pm |
  33. Paul Austin, Texas

    If given enough time and someone does not want someone as a justice or anyother office for that matter stories and dirt can be told off.
    Wheather true or not. I feel the decline in support for her are just what is the truth about her. It seems to be hard to find the truth about someone anymore.

    June 25, 2010 at 3:57 pm |
  34. MNResident

    It's a simple formula, Jack–The more you learn about her, the less you like her. Quit trying to make it so complicated.......

    June 25, 2010 at 3:57 pm |
  35. David R Bebeau,Springfield Missouri

    Jack,I have a great answer for you.
    Its so odd that everyone wanted no judge,but a fresh person that is not connected.Someone with no experience and diverse.SO HERE SHE IS !!! I am not saying this is my choice I am answering your question.
    That said:Now everyone is scared to death she is too fresh.........
    Gee Whiz people .............make up your mind.We got ya what ya wanted now ys don't want it.
    David

    June 25, 2010 at 3:59 pm |
  36. Ron in Indiana

    At the risk of this being removed because it speaks truth, support is declining for Kagan because she has, in the past, spoken out against the First and Second Amendment. Imagine a Supreme Court Justice, who is supposed to uphold the Constitution, who has spoken out against the Constitution. What has this country come to.

    June 25, 2010 at 4:03 pm |
  37. Ed from California

    Who? Jack, your network has been oil gusher 24/7! When has your network talked anything else? A Senate committee today, put in financial regulations, that was good! Now maybe they'll figure out where the jobs went. Hint: they went to communist China.
    Supreme Court "Justices" cost too much money and we need to cut expenses. So, lets go with the eight, then seven, etc... It's time to quit filling out vacant or termed out positions.

    June 25, 2010 at 4:07 pm |
  38. Jack - Lancaster, Ohio

    Jack:

    My support was never there, based on where we are now, I think the fewer judges the better, especially ones appointed or annointed into the position without the proper trial by fire, or boiling holy water cleansing of their souls, or whatever. The USA is in trouble, boil and bubble, but their salaries double.

    June 25, 2010 at 4:10 pm |
  39. Greg, Hamilton Ontario

    It's a reflex from Americans lately. Any action by the President means it must be a bad idea to the senate and to the media. This lady was appointed or recommended by the President so it instantly causes the reflex of "NO". Afterall it was his fault the economy crashed, the auto industry was in criticle condition, the banks got smoked and the BP oil platform exploded. Nothing he ever does now will be a positive thing to the media or the Senate.

    June 25, 2010 at 4:13 pm |
  40. Eric

    We, the American people, have lost trust in pretty much everyone, particularly anyone who doesn't agree with us. Unfortunately, since the list of folks who think like each of us is small, the list of those each of us trust is smaller still. Now that we are finding more about Ms. Kagan, the collective we are finding while we agree on somethings we don't agree on everything and since we don't seem to value a diversity of thought on the court she is losing favor. She has worked for democrat presidents, so she is probably liberal, though as a lawyer, she has most likely tried her best to argue their policies. The rest we probably don't know. I am moderate and think she would probably be fine on the court since I like a little diversity, but many folks do not. Just another example of how we have ensured that our government is made up of people we don't admire.

    June 25, 2010 at 4:17 pm |
  41. Terry in Chandler, AZ

    Support for her and of the President seem to be declining at the same rate. I wonder if the two are connected?

    June 25, 2010 at 4:20 pm |
  42. Mark from San Diego

    Jack:

    That is an easy question to answer.

    Like Obama, the more you learn about Kagan the more you realize she is far out of touch with mainstream American thinking. She is simply unsuited to be on the Supreme Court.

    Mark

    June 25, 2010 at 4:20 pm |
  43. sharon

    no legal experience
    no opinions except for what her bosses tell her
    no job skills except brown-nosing and writing supportive briefs for he bosses

    Gee, I can't think of a more qualified SC candidate!

    June 25, 2010 at 4:21 pm |
  44. frankie

    n a world where helping our fellow citizens is called socialism and changing one's mind is called flip-flopping, we are often encouraged to believe that high intelligence could only cause a judge to be a renegade. I guess we are supposed to want justice to be blind but not wise.

    June 25, 2010 at 4:28 pm |
  45. Bob Hemby

    Jack,
    Support for Elena Kagan to be the next Supreme Court Justice is declining because support for President Obama has been declining. Confirmation of Presidential Nominees by the Senate is determined more by a nominating President's popularity than that of the nominee. Shortly after President Obama's election, his nominees only needed to be breathing to receive confirmation. Now, while Ms Kagan will be confirmed, she will face more hostility than the earlier Nominees. This is nothing unique, it's the same for all Presidents when their popularity begins to erode.

    Bob Hemby
    Huntsville, Alabama

    June 25, 2010 at 4:28 pm |
  46. Dennis north Carolina

    I will give you three to pick from Jack:
    1) Media
    2) Republicans
    3) politics as usual in this country

    June 25, 2010 at 4:29 pm |
  47. JOE CE

    Kagen is not vry personable and has been less than forthcoming. Everyone has opinions but when you look at something from the bench, it is necessary to carefolly look at the information & the law. A lot of us might deceide differently, from our off-hand opinions, if in a position of responsibility. I think that it is futile to ask a nomimee how they would have vpted on apast decision – they may not really know. WEhat hey sholud ask are hypothetical questions with specific info,

    June 25, 2010 at 4:37 pm |
  48. joe m

    it may have a lot to do with the fact that we are learning more and more about her, and the more we know, the more obvious it becomes that she probably is not the best choice. when someone is described as putting politics before policy, and appears to have a well-defined leaning towards one side, the idea of them being an impartial supreme court justice just does not sit too well. at the end of the day, most americans want someone who can keep an open mind and make decisions based the facts and the laws, rather than their own political leanings and ideology.

    joe
    NC

    June 25, 2010 at 4:37 pm |
  49. LS in Rochelle, IL

    Since Kagan lacks judicial experience, her nomination to the Supreme Court must be soundly defeated.
    This country can't afford another unqualified person in a position of power.
    We already have one in in the White House.

    June 25, 2010 at 4:40 pm |
  50. Mark from Voorhees, NJ

    Support has been declining for Kagan for the same reasons that there was opposition to the health care bill, and why it wound up so toothless, for the same reasons why there is any question that BP was massively negligent in the Gulf Oil disaster, or for that matter why Sarah Palin is qualified to be anything but a greedy housewife: Unrelenting and hugely funded campaigns of misinformation, orchestrated talking points and weapons of mass distraction... and fear...and why we now have a court with plently of judicial experience, that thinks corporations are people, and should have a louder voice than The People.

    June 25, 2010 at 4:42 pm |
  51. Alex in Gig Harbor, WA

    Just as Supreme Court Justice Sonya Sotomyor was charactatured for her "Wise Latina" comment, Elena Kagan will be pigeon-holed as anti-military for her position protesting the military's lack of equal opportunity for all Americans to serve their country. Both women's long careers in the law are reduced to a bumper sticker sound bites. I also agree with her that Senate confirmation hearings are a hollow charade and a ritual dance allowing those who oppose her to bloviate on camera.

    June 25, 2010 at 4:46 pm |
  52. Dave, Brooklyn, NY

    Support is declining because of her unbridled ambition to be a Supreme Clown, as evidenced by her pretentious picture as a teenager in judges robes holding a gavel, yet no attempt to climb the ladder to that lofty position. And because Obama picked her.

    We have seen that with the exception of Clinton, he has made some bad choices and decisions over the last year and a half. In fact all of his decisions have been bad. He would take a rubber knife to a knife fight expecting to talk his opponents into harmony. The Republicans play hardball and he still hasn’t learned to play the game. But time is running out for that.

    June 25, 2010 at 4:52 pm |
  53. honest john in vermont

    Well Jack probably because it does seem imprudent to appoint someone to be a Supreme Court Justice who has zero judicial experience. There are many more qualified people with much more experience to appoint to the Supreme Court.

    June 25, 2010 at 4:53 pm |
  54. Adam Simi Valley, CA

    Because they don't understand who she is and I think the more people learn about her, the more they will realize she is going to be a legislator from the bench, not unlike the latest disaster appointee, Sotomayor, who won the nomination based on her demographics and political pandering rather than her track record. The "Wise Latina" (her words not mine) then proceeded to try to make it legal for Americans to provide financial aide to known terrorist groups. Fortunately the majority of the Supremes are smarter than that, but it raises a red flag for future Obama appointments to take into account track record, of which, Kagan doesn't have one.

    June 25, 2010 at 4:54 pm |
  55. barbie

    I don't like polls such as this. With everything going on right now (oil spill, jobless recovery, etc.), I don't think that many people have been paying attention to Kagan or her upcoming confirmation process. I would be willing to bet that a majority of people asked whether or not they would support her really have no opinion or don't have enough information to have an opinion one way or the other. After the hearings have been held for a few days would be a better time to take a poll, not now.

    June 25, 2010 at 4:54 pm |
  56. Nancy, Tennessee

    Elena Kagan does not have the experience to be on the Supreme Court, she is not sympathetic to citizens on the issue of the right to bear arms, and there are rumors that she is gay which she denies. Sounds like a recipe for negative votes. The Conservatives will fight her confirmation all the way.

    June 25, 2010 at 4:56 pm |
  57. Ed Lexington, KY

    Well Jack maybe the reason she has declining support is because she hasn't had any coverage in the media. I watch about three hours of CNN a day and this is the closest to a mention of her I have seen since she was nominated. The BP Gulf story has taken most of the coverage - what a shame.

    June 25, 2010 at 4:56 pm |
  58. Jim Bailey

    Kagan?
    The country is worried about the BP's felonious oil spill in the Gulf and the Republicans gutting of the Wall Street Reform Bill and their attempts to strip the unemployed of continued benefits.
    Kagan who?
    Jim Bailey
    Cripple Creek CO

    June 25, 2010 at 4:59 pm |
  59. Gary H. Boyd

    It's kinda like turning over an old log in the forest Jack. It may appear dry and useful as firewood until it's rolled over and found to be wet and moldy underneath. . I'm not suggesting Kagan's "wet and moldy" but you get the idea. A lot of loose ends seem to be surfacing.

    Gary in Scottsdale, Arizona

    June 25, 2010 at 4:59 pm |
  60. Jane Krummel

    To be honest with you, Jack I forgot she hasn't been confirmed yet so that must mean that cable news hasn't found enough tittilating or controversial stuff about her worth replacing excessive coverage of the one year anniversary of Michael Jackson's death with. I'm sure some nutty newcasters will try to whip up a situation for higher ratings.

    June 25, 2010 at 5:01 pm |
  61. Gregory Tripp, Mechanicsburg, PA

    I didn't really have an opinion about her until I heard of the mounting anti-Kagan sentiment. Now, I'm leaning in her favor. "Not kosher..." Give me a break!

    June 25, 2010 at 5:04 pm |
  62. Richard Fairview, Texas

    .I think mostly because the media started informing people about this lady and her views. Until that happened she was just some one Obama offered up and people at first had to just take his word for her ability. Now that they have found out she has no judicial ability they are looking for the next Obama candidate.

    June 25, 2010 at 5:06 pm |
  63. Annie, Atlanta

    Because she's not front and center in the news these days. Remember, Jack, we have very short attention spans.

    June 25, 2010 at 5:10 pm |
  64. Ken in NC

    People are learning more and more about her and as they find she is one that speaks her mind and it's not always what they want to hear, they begin not to like her. Once people find you do not agree with their every position they begin to think less of you. There is also the fact that she is President Obama's choice and "NO" is the agreed upon response to anything he wants.

    June 25, 2010 at 5:11 pm |
  65. steve - virginia beach

    I don't know but I hope it's because we've finally woken up to the importance of learning something about people before supporting them for positions of public trust.

    June 25, 2010 at 5:11 pm |
  66. Randy

    She's not progressive enough. After this absurd corporatist supreme court gave corporations the same rights you and i have, it's obvious that it needs to be pushed strongly to the left. Be ready for her to be confirmed.

    June 25, 2010 at 5:14 pm |
  67. Lyn

    Elena Kagen's support isn't declining. It is the Republicans and the News Media singing the same song as usual, trying to turn everyone against her as well as the President.
    I am so tired of you picking Democrats apart. Give us credit for what we do. I am not in office, but I'm sure speaking out against the cable stations that are Anti everything except the gop. You make me sick every time I read your questions for the last year. We really don't need anymore of You, Beck, Rush, Hannity, Palin, Bachman, Paul, and the rest of the haters. Wake up and smell the roses. Could it be that you ar one of the fat cats that will get a tax cut if the Rep's get in again. Also no more Social security for people that need it.

    June 25, 2010 at 5:16 pm |
  68. Allen in Hartwell GA

    Jack, I think it's simply because her nomination has been swept out of the media spotlight. Face it, if Americans can't remember from one month to the next why gas prices fluctuate are we supposed to remember who is being nominated for a seat on the highest court in the land?

    June 25, 2010 at 5:18 pm |
  69. James Pannozzi

    The dilemma of the Supreme Court nominations is easily solved, Jack, by bringing the court itself into the modern era. Nine justices was probably fine in 1820 but this is 2010. The United States congress, I believe, has the power to expand the number of justices. Thirty or forty would be good. The era in which a small coterie of like minded ideaologues can make socio-political decisions MUST come to an end.

    Thanks!

    June 25, 2010 at 5:18 pm |
  70. Al

    The public is losing faith in the Obama administration primarily because of the Deepwater Horizon catastrophe and the failure to help Americans on the Gulf. Kagan's chief credential is administration support. So, as the administration goes, so goes public support for Kagan.

    June 25, 2010 at 5:18 pm |
  71. Paulette in Dallas,PA

    I don't believe she deserves to sit on the Supreme Court. Not allowing military recruitors on campus at Harvard Law will hurt her but I think the ultimate blow to derail her nomination – no judicial experiences. Enough novices! She's too young to take any chances with her. If she turns out to be a foul ball we will be stuck with her for a long time. Find someone deserving and qualified.

    June 25, 2010 at 5:21 pm |
  72. Randy, San Francisco, CA

    People are probably looking into her past and seeing that she is radically liberal, and has socialist leanings, and they are discouraged by that. However I don't think that she is so overwhelmingly liberal. In fact she is more conservative than many people already serving in the Court, including the man she was chosen to replace.

    June 25, 2010 at 5:21 pm |
  73. Geri

    Jack, don't you get tired of presidents appointing people because they have either left a bundle of money in their presidential campaign pot or because they hope to satisfy some special interest group, rather than appoint people because of their merit and hands on experience that relates to the job.

    No wonder this country is in crisis.

    Geri, Mead, OK

    June 25, 2010 at 5:22 pm |
  74. JR

    The so-called "declining suppor" is only the prejudgement on the part of partisians who want to politicize what should be a fair and balanced Congressional duty to ask Kagan questions and get answers that will ultimately determine that she may have opinions that differ from them but will not impede her ability to be just like the other 8 justices: able to put personal views aside and apply the law fairly according to existing precedence and current legislative rules and regulations.

    June 25, 2010 at 5:22 pm |
  75. Kyle B

    The angry yell the loudest! The people who oppose Miss Kagan's nomination have ranted, blogged or chatted about their dislike of her. Once her positives are apparent during the the hearings, her approval will go up and her nomination will follow.

    June 25, 2010 at 5:22 pm |
  76. Jim, Naples Florida

    Jack... could it be the HUGE CHASM of disbelief that exists between our President's words and his actions. He has said she is the best candidate for this job.... well, excuse me Jack but haven't we been given a significant number of his recommendations and reassurances in all those incredible speeches only to be still waiting for those promised results?

    The best thing that could have happened for Kagan would have been to have the President NOT promote her candidacy for the Supreme Court.

    June 25, 2010 at 5:23 pm |
  77. Jim Blevins

    I think the philosophy was started by the Tea Party - the answer to all questions is NO!

    Jim, Craig, CO

    June 25, 2010 at 5:23 pm |
  78. TJ Elis, Baton Rouge, La.

    She will be confirmed because all the flap about her past is just a lot of hot air. Look at the right wing nuts that Bush put on the high court. They have made some very political ( right wing ) decisions, but the world keeps on turning.

    June 25, 2010 at 5:24 pm |
  79. Nic Cruickshank

    I think her declining support is directly related to people finding out more about her. Name and superficial reputation (i.e. Party affiliation general issue stance) had garnered her general initial support. Now that more folks have learned more about her, much of that initial support wained. It's not about conservative or liberal it's about if she is in line with the thinking of a majority of Americans. I think the evidence of how close that correlation exists is manifested in the current polls.

    June 25, 2010 at 5:25 pm |
  80. Mark from Boston

    Jack,

    She represents a threat to the 'Status Quo'
    so she must Go! Besides she's endorsed by Obama,
    and we all know that if Obama goes up conservatives
    will go down... left, then right... blue, then red...

    This has nothing to do with her ability. You couldn't find someone more qualified if you tried. This woman has more credentials than Moses.

    June 25, 2010 at 5:25 pm |
  81. Claudia, Houston, Tx

    Kagan's declining support is a closet lack of support based on gossip.

    June 25, 2010 at 5:28 pm |
  82. MJ

    Jack,

    Unfortunately,
    I believe the reason for Kagan's declining support could be because of her former clerkship under Thurgood Marshall.
    I've lived in the south all my life and I know many people who do not like our President for the same reason. Racism?I don't know.
    But it is something to consider if you hear many of the comments I hear where I live.

    MJ

    June 25, 2010 at 5:35 pm |
  83. steve - virginia beach

    Our founding fathers left us extensive explaination of the Constitution, very little of which has been ammended in accordance with the Constitution. I still haven't heard a committment from her to adhere to known explainations rather than rule based on what she wants it to mean.

    June 25, 2010 at 5:36 pm |
  84. Linda in Arizona

    Justice Stevens was a liberal. Naturally, Obama has picked a careerist, corporatist conservative to replace him because that's how he rolls. I was against her from the first, but with that bunch of rabbis coming out against her, I might change my mind.

    June 25, 2010 at 5:37 pm |
  85. John, Fort Collins, CO

    President Obama also chose General Stanley McChrystal to lead in Afghanistan. It is now obviously clear the President knew nothing about him, so what does he really know about Ms Kagan?

    June 25, 2010 at 5:40 pm |
  86. Barbara from Los Angeles

    It's simple, Jack. If President Obama nominated her, the Far Right will go to whatever extremes they can take, to keep her from being confirmed. They are far more concerned with disrespecting President Obama, than they are with we who pay their salaries. They call themselves Republicans, but if they truly cared about this Republic, they'd behave a lot differently, whether they're "in power" or not. Think of all the unemployed people right now who won't be getting benefits because of the filibustering. Sad...

    June 25, 2010 at 5:41 pm |
  87. Jeff In Minnesota

    The recruiter issue is bogus. Harvard as a school has had a long standing policy dating earlier than Ms. Kagan's tenure as Law School President regarding recruiting on campus by organizations that do not follow or agree to Harvard's rules regarding sexual orientation and the like. The military's don't ask don't tell rule violated that policy so they were not allowed on campus to recruit.

    The rabbi argument is bogus as well. The constitution requires separation of church and state, so who cares what they or any other religious group thinks.

    Given all of the administration's other issues, Ms. Kagan has taken a back seat and therefore is not getting the usual full court press of media control. That has resulted in everyone else being allowed to paint her as they like.

    June 25, 2010 at 5:43 pm |
  88. nedski

    dean kagan's decline in support is a function of many factors-ranging from the short attention of the maerican public to disaffection of the population towards all things politic. but the decline may also reflect on a decline in the lustre of the man who appointed her to the supreme court, coupled with her won short-comings as a candidate.

    in an age where we have been promised change and hope, we are faced every day with disappointments and limitations. dean kagan herself represents nothing; she stands for nothing; and she reflects the that spiritual and moral deficit many are beginning to suspect exists in this administration and president.

    at a time when there's a distatste of the "revolving door" of washington politics, dean kagan is a shining example of that revolving door. she worked in a previous administration; she became a dean at harvard as a result of her accomplishments in that role; and her nomination reflects her position as an "insider" that is trusted and known by other insiders.

    dean kagan herself remarked on the hollow nature of the confirmation process in a rare moment of candor. of course the process is hollow. it is reflective of and used by those who have no interest in changing either the rules of the game or condition by which they themselves flourish.

    golly. this sounds like the complaints of a revolutionary! go figure.

    June 25, 2010 at 5:45 pm |