Elena Kagan Personal Life Scrutiny Well Under Way

Elena Kagan's personal life wasn't that noteworthy yesterday. But Elena Kagan personal life stories and dirt are the hot topic of the day after her Supreme Court nomination. In truth, friends and enemies have likely been looking through her background for weeks, if not months. At the least, President Obama's team is finished looking and seems confident enough that she can sail through to confirmation. But even if they're satisfied with the Elena Kagan personal life details, the American people and the Republicans will seek more evidence anyway.

Since Justice John Paul Stevens announced his retirement, Solicitor General Kagan has been a favorite to take over the slot. President Obama will make it official today, beginning a summer-long battle and controversy. This is the second Supreme Court battle of the Obama administration, after the contentious debate over Sonia Sotomayor.

Elena Kagan personal life debates may not be as heated - as no one will use any 'wise Latina' jokes on her. However, it may still be heated, since her love life has already sparked some battles between the White House and CBS.

Kagan is unmarried and has been the subject of rumors about her sexual orientation. In fact, New Ledger editor Ben Domenech referred to her as openly gay in a blog post last month, which got picked up by CBS. Once the story was posted, the White House vocally denied it, and CBS took the report off their website.

However, Domenech pointed out that if the White House was that determined to squash the rumor, it was a good sign for her candidacy. That turned out to be correct, but that controversy may now be the tip of the Elena Kagan personal life rumor mill.

Kagan's professional record will also get some scrutiny, although details on that are easier to find. Still, since she wasn't a judge in the lower courts, enemies may say she doesn't have experience. Yet conservatives also used that argument against President Obama, and it ultimately didn't work. Kagan also survived a battle in her solicitor general conformation, mainly over barring military recruiters as the dean of Harvard Law.

If professional attacks don't work, Elena Kagan personal life stories will have to do for the opposition. However, it appears she has kept a low profile, so dirt may be hard to find. The White House already proved they will fight back against charges that she's a lesbian - although if she is, denying it like that may make them look bad.

Republicans and other opposition forces have a whole summer to find Elena Kagan personal life scandals. But they had plenty of talking points against Sotomayor, yet there was never any doubt she would be confirmed. Time will tell if that's the same story this time around.

Sources

Washington Post- "How conservatives will attack Elena Kagan"

Huffington Post- "Ben Domenech: The White House, Elena Kagan, and Me"