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National Journal's The Ninth Justice

Friday, May 14, 2010 9:56 AM

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Elena Kagan heads to the first of meetings with senators on Capitol Hill. (Alex Wong/Getty Images)

Minutes after Elena Kagan accepted President Obama's nomination to the Supreme Court as the "honor of a lifetime" and the warm applause had died down in the White House East Room, John Podesta was making his way out with other well-wishers when he was asked about potshots already being taken at the nominee.

"Elena Kagan is one of the most qualified people in the country to assume this role," he said. Podesta, who served as President Clinton's chief of staff, echoed the White House's mantra that the 50-year-old solicitor general has sterling credentials and devotion to public service; and that those attacking her are missing the point.

Kagan's supporters say she will be an especially good addition to the Court in these polarized times. She is no ideological crusader, they say, and her intellectual depth and congenial temperament will make her an ideal choice for a Court that has rendered so many 5-4 decisions on hot issues.

Many Republicans remain unconvinced.

Indeed, less than a week after Kagan's nomination, lines of attack and counterattack already have emerged. Republicans, especially, see nomination fights as a way to excite their core supporters, a key ingredient for success in the upcoming midterm elections. Charges that a Supreme Court nominee is an activist determined to advance a personal agenda resonate with this group. "The base will buy it because at this point anything that Obama does is poisonous," said Larry Sabato, a professor of politics at the University of Virginia.

In this week's magazine, National Journal outlines the likely attacks that opponents will make against Kagan throughout the summer, along with the likely responses in defense of her nomination.

Subscribers can continue reading 'Battle Lines Drawn'

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