Quote:
Originally Posted by Drolefille
Well generally I haven't noticed an emphasis on trying cases as a qualification anyway. Most of the commentary I've heard has described her lack of judiciary experience as more striking than her lack of trying cases. However, she does have an extensive background in constitutional law and papers particularly on the topic of First Amendment rights.
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This. And I don't know whether its accurate about her trying cases -- she has spent most of her career in in academia and government, but she was in private practice for a few years, and professors sometimes take cases. It is true that she never argued in front of the Supreme Court (and perhaps had not argued in any appellate court) until she became Solicitor General. (She wouldn't have tried a case as Solicitor General; the SG deals with appellate work, not trial work.)
I don't think there's any real pandering to the gay vote going on here -- see what DrPhil says. I think a major consideration is that Kagan has a history of support from both liberals and conservatives, so she is someone whose confirmation in the polarized Senate may be smoother than some other nominees. And her age means she'll be on the Court for a long time.