Perhaps its just me, but Kagan's nomination seems very political. I can't help but wonder if Obama didn't nominate someone farther left because he's worried that doing so might hurt his party in the midterm elections this November. I wonder if he fears that nominating a far-left person to the bench would paint him as the radical that the right has been trying to portray him as.
Also, I can't help but notice that the left doesn't seem particularly enthusiastic about Kagan. I almost wonder if Obama hopes that the Democrats won't put up too much of a fight if the Republicans try to block her appointment. Perhaps he hopes that blockage of her nomination could help him paint the Republicans as "obstructionist" and buy him some time to nominate who he really wants after November.
Smith, and Wesson, and Me. -H. Callahan
Well waddaya know, one buwwet weft! -E. Fudd
All bad precedents begin as justifiable measures. -J. Caesar