What a shocker

"The government can ban books because we won't really ever enforce that law.  Really.  Pinky Swear."

 - Solicitor General Elena Kagan, President Obama's "modest, impartial" (in her words before the Senate yesterday) nominee for the Supreme Court, pleading a case that she lost 9-0.

Kagan has never served as a judge and has spent the vast majority of her career in ivory-towered academia.  Nothing wrong with that per se, but how does such an undistinguished legal background qualify her for the highest court in the country?  Harriet Myers, George W. Bush's aborted nominee, was just as much of a disaster and Bush rightly got roasted for attempting to put her on the bench.  Why should Kagan, then, get a free pass?