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Elena Kagan: Way Too Boring For Scandal-Starved Media

by Dan Abrams | 2:14 pm, May 12th, 2010

» 19 comments

KAGAN_ELENA It must have been a virtual scream on newsroom/blogger computer screens around the nation. The moment it became clear that President Obama would be nominating Elena Kagan, editors simultaneously posing the same and obvious question: What do we really know about her? Of course, it is a far more loaded question than it seems. Yes, her background as a New York-born Harvard Law grad and Dean who was most recently Solicitor General of the United States is of interest. Oh, and she spent two years at Oxford, too. Yeah, yeah, yeah… but they want to know what we really KNOW about her. What is the dirt? What are her most controversial comments, articles, positions? Does she hate our country?

Was she ever a late term abortion provider? Did she once compare Speaker Nancy Pelosi to David Duke?

After all, her comments and writings on the really important issues like the First Amendment, Executive Power and the Commerce Clause are, well…kinda nuanced. She may want cameras in the Supreme Court? Whatever. She opposed the military’s Don’t Ask Don’t Tell policy and consequently tried to keep recruiters off campus? A good start — but far more controversial just a few years ago. Come on, they don’t quite need the pubic hair on a Coke can, but the media is looking for at least a “Wise Latina” meme to obsess over for a few weeks.

Alas, thus far no dice. These specks of spongy legal dirt do not exactly offer fleshy and easily understandable outrage that serves as the media’s lifeblood. Even questions about her sexuality have, fortunately, been relegated to those analyzing how the media should cover it and not as a substantive issue that would impact her nomination.

It seems this controversy vacuum is now leading to overt frustration expressed on both sides of the media political aisle. From Glenn Greenwald to Glenn Beck, Ezra Klein to Erick Erickson, columnists, bloggers and pundits are now bemoaning the dearth of ~~public statements on crucial issues or legal rulings to examine~~ ahem, controversy. Don’t be fooled by those suggesting a limited paper trail should somehow serve as a disqualifying factor. It’s not and, of course, shouldn’t be — it’s just the only sword many partisans seeking a legal road map from her could muster thus far.

Always trying to appear objective, the mainstream media has its own brand of bias: an institutional one towards controversy. They are looking to dig up a topic du jour and it’s hard work keeping the archaeological effort going. For them, its not about defeating or supporting the nomination as much as it is about adding spice to the chili. They seek to find some controversy, often tangential, that opponents of the nomination will then pounce upon as proof of the nominee’s unfitness for the job while exclaiming that the ‘people have a right to know’. It is a sometimes dysfunctional but certainly symbiotic relationship.

There’s no question she is tougher to peg than many. With seemingly conservative views on executive power, for example, and more liberal ones on discrimination based on sexual orientation, partisans on both sides are on edge. What about her views on Roe v. Wade? The Second Amendment? On the scope of the Commerce Clause which may determine the constitutionality of President Obama’s Health Care legislation? It’s fair enough to want to know (and Kagan herself has mocked non-responsive nominees in the past), but let’s not be too shocked if we can’t find out until she’s on the Bench. Many of our most celebrated justices, Brennan and Frankfurter, Stevens and even John Marshall himself, turned out differently than just about anyone expected. Its just not that horrifying to nominate a true legal scholar who might actually evaluate cases individually and even surprise us.

Look, I am certainly not one to thumb my nose at those looking to cover salacious stories. After all, I have spent much of my career covering the OJ Simpsons, Michael Jacksons and Scott Petersons of the world.

I relish a good-layered scandal. But one might hope that for the mainstream media, in particular, covering a Supreme Court nomination would be different, more substantive, more nuanced, and less frustrated at the fact that sometimes a seemingly boring candidate might be just what the President ordered.

Controversy, don't ask don't tell, Elena Kagan, First Ammendment, Gay Marriage, Roe Vs Wade, SCOTUS, Supreme Court Nomination

badr

She can’t be any worse than a wise Latina.
The Real Royal King

Soon-to-be Justice Kagan is a bit too grounded to interest cable news. Still, if I were Justice Thomas, I wouldn’t want to pull the Coke can trick on her.
The real Royal Gnome

Time to go to work, work all night
Search some underpants, hey
We won’t stop until we have underpants
Yum yum yummy yum yay
Time to go to work, work all night
Search some underpants, hey
We won’t stop until we have underpants
Yum yum yummy yum yay
TylerDurden

I just hope she doesn’t have an imbecile like that pathetic Chuck Schumer introduce her to the Committee while he cries on national TV .
ice queen

My two cents, It’s May sweeps Dan and the MSM is tired of covering the oil spill, the tornadoes and everything else. The current news topics have run their course and they need something new to tear into and chew on. It’s all about how sensational they can make this story and who can be the first to find any dirt on her. As for Elena Kagan being boring for me boring and intelligent is better than cocky and totally unaware of what is going n in the country.

Great write up Dan
The Real Royal King

Tyler:

I actually agree in large part. I more likely would have said: “I hope she is not introduced by the insufferable, tear-laden Senator Schumer.”

Although I agree, I am surprised that this is coming from such a fan of Glen(n) “Cry Me a River” Beck. Surprised, but pleased.
roxsteady

I don’t understand why the Whitehouse press is so pissed that they’re not getting an interview with Kagen? Did they get an interview with Sotomayor? Or any other recent appointee to the Supreme Court? And you just know what they’re first 2 questions would be for Kagen. 1) Are you a Lesbian and 2) where do you stand on abortion. This is why the Whitehouse refuses to take them seriously. Maybe they should all go work for Page Six where gossip is required. Mr. Cronkite is still spinning in his grave.
roxsteady

Whoops! I meant their first question.
TylerDurden

Mr. Cronkite is still spinning in his grave.”

Walter was just another liberal shill.

And why do you want to hide Kagan, Roxy? What are you so afraid of?
MichelleF

Always trying to appear objective,

Seriously Dan, milk just shot out of my nose. How about comparing how the media is portraying her and how they portray conservative judges. Now there’s a story. Let me know me know if you need help. I’d be happy to do the leg work for you and you can just slap your name on it.

Or you could do a piece about how the WH seems to be keeping her away from you in the press.

Elena Kagan White House “Interview” Riles Reporters

The White House today posted on its website a video allowing Supreme Court nominee Elena Kagan to speak “in her own words” about her personal history and perspective.

In the interview, conducted by a White House staffer who produces videos for the administration, Kagan discusses her childhood, parents and professional career. At one point she jokes that people get confused between her job as solicitor general arguing cases before the Supreme Court and the attorney general, who puts “the labels on the cigarette packages.”

While the White House seems to believe the American people deserve to hear from Kagan, it has not made her available to reporters. That prompted some consternation at today’s White House briefing.

“It appears that Solicitor General Kagan did an interview yesterday right after the president’s announcement,” said a reporter. “You’ve now posted that on the White House Web site. Who did the interview? And can I have one?”
“I think it’s — I think it’s on the website if you want to see it,” responded Press Secretary Robert Gibbs.
Soon after, the reporter can be heard saying, an edge in her voice, “So a White House staffer interviewing her.”
Gibbs says yes, and the reporter asks if Kagan would like to do another interview.
“She has — she’s not told me that, no,” replied Gibbs, prompting the reporter to respond, “Tell her we’re deeply frustrated.”

http://www.cbsnews.com/8301-503544_162-20004724-503544.html
TylerDurden

Anytime a reporter says that a SCOTUS is “boring”, it means he knows there is something to hide about the nominee.
MichelleF

I don’t understand why the Whitehouse press is so pissed that they’re not getting an interview with Kagen?

Rox, I think it’s just a culmination of frustration from being froze out by the most transparent administration EVER!
The Real Royal King

Such an interesting contrast in approaches to such matters. Michelle and Tyler are always in a mad rush to assume the negative about how nominee of President Obama, whilst I always assume the best. In point of fact, I even assumed the best about the unfortunate Justice Alito all through the nomination and confirmation processes, and my opinion of him as a lying, rude, rabid rightist judicial activist did not form until several months after he began setting on the Court. Similarly, I even assumed the best about the Drop Out Governor of Alaska until she opened her mouth and something remotely resembling words began to stumble out. As for me, I’m fine with that. I think I shall always assume the best initially.

By the way, Michelle, I caught a bit of Fats today, so I know everything you will say tomorrow.
TylerDurden

King: “Michelle and Tyler are always in a mad rush to assume the negative about how nominee of President Obama.”

False- no one said anything negative about her. You lie again.

But is strange to post a video, reminiscent of the infamous Saddam Hussein video of the hostage English children, is supposed to satiate the questions peole have about Kagan.

Of course, you always agree with anything BHO does.

http://www.dailymail.co.uk/news/worldnews/article-1165186/British-child-hostage-refused-sit-Saddams-knee-reunited-rescuer-Jesse-Jackson-19-years-ordeal.htmlrre
TylerDurden

The other thing nice about this go around is that we won’t have to listen to that fatuous, flatulent drunken jack-tar Ted Kennedy spew his famous nonsense and gibberish about this nominee.
MichelleF

TylerDurden says:
May 12, 2010 at 3:13 pm
King: “Michelle and Tyler are always in a mad rush to assume the negative about how nominee of President Obama.”

False- no one said anything negative about her. You lie again.

Tyler, he’s referring to us posting her words. Don’t you know it’s hateful to post a liberals comments? Come on, get with it!

By the way, Michelle, I caught a bit of Fats today, so I know everything you will say tomorrow.

Gotta be honest, I have NO clue what you are talking about.
writer

I think he was referring to Fats Domino.
http://none pyrope

The “scandals” will be revealed after she renders her first opinion once she is seated.
SC Citizen

Doesn’t having been married to Morgan Fairchild count for anything anymore?