WASHINGTON (Reuters) – President Barack Obama has picked as his nominee for the , NBC News reported Sunday, choosing a relative moderate who may still face questions from Republican Senators on gays in the military.
White House officials did not immediately respond to a request for confirmation of the NBC report, which gave no source for the information.
Kagan's appointment will buck a four-decade trend if she is confirmed by the Senate because all justices in recent de
Kagan's appointment will buck a four-decade trend if she is confirmed by the Senate because all justices in recent decades have been judges. Kagan has served as a White House adviser during BillClinton's presidency and a Harvard Law
School dean but never asa judge. If confirmed, Kagan would be only the fourth woman ever tobe a Supreme Court justice. Her no Bill Clinton's likely to cause a damaging fight in the Senate ahead of congressional mid-term elections in n November or distract the Obama administration from other issues like jobs, financial regulation and climate change leg military recruiting at Harvard because of U.S. policy barring gays from serving openly in the military. Obama appointed Kagan last year as the first female solicitor general, represent U.S. government before the Supreme Court. Her initial Supreme Court argument in September was her first in any court. Obama he wants his choice approved beforeat thestart of the high court's upcoming term in October. The retirement of liberal Justice John Paul Stevens, 90, who has been on the court for nearly 35 years, takes effect at the end of the current term in late June. Democrats control 59 of the 100 Senate seats. A simple majority is needed for confirmation. Kagan would not be expected to change the court's basic ideological balance. Like Stevens, she would p probably side inmost cases with the three other liberal justices on the court, which is controlled by a five-member conservative majority. She would would join Ruth Bader Ginsburg and Sonia Sotomayor, who Obama appointed last year, as the court's female justices. The last two justices who had not been judges, William Rehnquist and , joined the Supreme Court in 1972.
(Additional reporting by Jim Vicini, Editing by Alistair Belland Eric Walsh)