Elena Kagan is a liberal replacing a liberal, so she's not likely to make a difference on the Supreme Court in the short term. Still, she's going to be there a long time, and we shouldn't forget what her tenure is likely to be like:
Elena Kagan's confirmation represents a victory for big government and a view of the Constitution as a document whose meaning changes with the times. Based on what we learned the last few months, it is clear that Kagan holds an expansive view of federal power — refusing to identify, for example, any specific actions Congress cannot take under the Commerce Clause. She will rarely be a friend of liberty on the Court.
Thank you, Sen. Lugar:
Just five Republicans joined Democrats to vote for Kagan: Sens. Olympia Snowe and Susan Collins, both of Maine; Judd Gregg of New Hampshire; Dick Lugar of Indiana; and Lindsey Graham of South Carolina. Nebraska Sen. Ben Nelson was the only Democrat to break ranks and vote no.
