Kagan would not have been my first choice -- I fear she's too much a corporatist and "centrist" -- but she'd sure be a helluva lot better than Thomas, Roberts, Alito, Scalia and anyone else that a Republican President today would nominate. And given the filibuster addiction of the Republicans (and blue dog Democrats) in the Senate, I don't think anyone more progressive or populist could even have their name brought to the full Senate floor for an up-or-down vote.

The Dems way too easily caved in on the nominations of extremists Roberts and Alito, but the Republicans will play hardball with the nomination of anyone who is not, basically, center-right (at least on fiscal, military, and commerce-related issues.