The problem with Elena Kagan as President Obama’s appointee to the Supreme Court is not that she may be lesbian or lacks qualifications. The problem is the same as for any other Democratic nominee. It’s that they all believe that the entire Democratic Party’s legislative dream is already there in the Constitution, just waiting to be discovered by the right judges.
All Republican Senators must oppose her and all Democratic nominees on this basis. That is the only way this issue can be made clear to the American people before it is too late.
