NBC News is reporting that Solicitor General Elena Kagan is Obama’s nominee to succeed Justice John Paul Stevens.
UPDATE: I’m looking forward to seeing how Obama will describe Kagan as the best person for the job. Tom Goldstein at SCOTUSBlog has a lengthy discussion on what to expect after tomorrow’s formal announcement at 11am. My immediate thought is that if we thought Sotomayor perfected the post-Bork robo-nominee act last summer, we’ve got another thing coming. I’m bracing myself for full-fledged opacity coming from her side of the hearing room as the senators continue more of the same old charade from the last two decades. It didn’t have to be this way, and I hope Kagan will surprise us, but it seems as though Obama chose to continue following this bit of script in exchange for departing from the de facto federal appellate judge resume requirement.