You have to love the way some conservative “thinkers” have a way of fulfilling the caricature of them they claim to loathe. Among the experts assembled by the Washington Post to assess the nomination of Elena Kagan to the Supreme Court was Edward Whalen, President of the Ethics and Public Policy Center. The Center may be better known to NCR readers due to one of its senior fellows, George Weigel, another “thinker” who constantly steps in his own nonsense.
Whalen, who once clerked for Antonin Scalia, starts with the concern that Kagan lacks judicial experience, a requirement unknown in the Constitution whose strict interpretation Mr. Whelan so much insists upon, and a requirement not met by such justices as Felx Frankfurter, Louis Brandeis and, closer to Whalen’s home, William Rehnquist. I offer a deal: Obama will nominate someone else if all of Rehnquist’s opinions are thrown out.