Legal Commentary

Polling Justice Kagan

By Jonathan H. Adler

The Senate Judiciary Committee is scheduled to vote on Elena Kagan?s nomination to the Supreme Court this week.  Barring a truly shocking development, the Senate will vote to confirm her later this summer.  Gallup reports that Americans support her confirmation 44 percent to 34 percent.  That a plurality of Americans supports her confirmation should not surprise, but this finding by Gallup might:

If confirmed, Kagan would be the first successful nominee in recent years whose nomination was backed by less than a majority of Americans in the final poll before the Senate confirmation vote (or, in the case of Harriet Miers, before her nomination was withdrawn).

Further, only 68 percent of self-identified Democrats supported her confirmation in the poll.  I can see several possible explanations for the relative lack of enthusiasm for Kagan, including broad public disaffection with the Obama Administration, the relative lack of media coverage of her nomination, lack of enthusiasm on the Left, or her lack of judicial experience.  I am sure there are others.  Gallup offers no explanation.  The question and results are here.

Full post as published by The Volokh Conspiracy on July 18, 2010 (boomark / email).