Gallup reports that Elena Kagan is rated a good or excellent choice by 40 percent of Americans, lower than John Roberts, Sam Alito, Sonia Sotomayor, and even Harriet Miers. In large part this is because 24 percent of Americans have no opinion of her at all, which seems appropriate for a stealth nominee who has not served on the bench or written anything that would give us a strong indication of what sort of justice she’d be.
Maybe she’ll wow the Senate and the public, give us plenty of indication as to her constitutional philosophy, and show mastery of the many areas of the law that will soon command her attention. But I sort of doubt it. Kagan got this far by not tipping her hand; she’s not about to now.