The case against Elena Kagan

It is far from clear who Obama will chose to replace John Paul Stevens on the Supreme Court, but Elena Kagan, his current Solicitor General and former Dean of Harvard Law School, is on every list of the most likely replacements.  Tom Goldstein of SCOTUSblog has declared her "the prohibitive front-runner" and predicts:  "On October 4, 2010, Elena Kagan Will Ask Her First Question As A Supreme Court Justice."  The New Yorker's Jeffrey Toobin made the same prediction. 

The prospect that...