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Does it matter if Kagan’s gay?

May 14, 2010

Well, I wasn’t going to discuss this, since everybody else is, but I’ll bite.  Does it matter if Supreme Court nominee Elena Kagan is gay?  Well, the obvious answer is yes…if you’re a liberal.  Let’s face it, there’s only one party that actually pays attention to the color of someone’s skin, their gender, or their sexual orientation; and it’s not the so-called racist, sexist, homophobic old white men who tend to vote republican.  It’s the party of the diverse [victim].  Those that pride themselves on being tolerant and progressive.  Case in point: is it just coincidence that both of Barack Obama’s nominees have been women?  That one was a Latina?  Hell, I’ll be shocked if Ms. Kagan is just a run of the mill straight white woman with a questionable haircut.

As far as qualifications go, Ms. Kagan seems fine.  There have been other good justices that weren’t judges before.  In fact, speaking as a conservative, Barry could have done a lot worse.  The only way Ms. Kagan’s sexual orientation could actually matter is if it affects her rulings.  A judge is supposed to be objective, unsympathetic, and not directed by his or her life experiences.  Focus on the law, and apply it to the facts.  Nothing more, nothing less.  In my opinion, the minute Justice Sotomayer opined that a wise latina judge would make a better decision than a white male judge, she disqualified herself.  She asserted that one judge would make a better decision than another judge, simply because of background.  No objectivity.  No rule of law.  Speaking as an attorney, that’s complete nonsense.

Now, I haven’t heard Ms. Kagan say anything approaching what Justice Sotomayer said, but it’s still early.  Does she fit the mold of an empathetic judge, as B.O. claimed he wanted in a Supreme Court justice?  I would have to assume so, since he nominated her.  The only question I have is, who will she empathize with?  That’s what needs to be answered by Ms. Kagan.

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