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As long as Republicans are in the Senate, this will always be possible, although we have to admit that Kagan's lack of PRACTICAL judicial experience as well as her comment that Senate confirmation hearings are "a vapid and hollow charade" are legit concerns
This is just like SONIA SOTOMAYOR saying "I would hope that a WISE LATINA woman with the richness of her experiences would more often than not reach a better conclusion than a WHITE MALE who hasn't lived that life." There is clear bias there, but as the saying goes, there is always A CHACE that someone COULD be worse. With Kagan, not only is there the comment about a "vapid and holow charade", she also has virtually NO courtroom experience. She only has SIX cases arguing for the government in front of the Supreme Court, which is a totally different role from that of a Supreme Court Justice, who often has to rule AGAINST the government, but like other nominees before her, unless she withdraws over some major revelation/allegation (like HARRIET MIERS), she probably will be confirmed simply because there is no better candidate for the vacancy RIGHT NOW and we can't wait to fill a SUPREME COURT vacancy.
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