When Obama’s Supreme Court selection turned out to be a woman who never even held a position on the legal bench and had more questions in her career than court cases, most were not surprised and new any resulting decision would be questionable not only when it came to ability and experience but also credibility for the job. Nonetheless, Elena Kagan was not what anyone really expected.

Even before being a line on Obama’s list, Kagan has been examined and have left many wondering if she even has the ability to be on the bench in the first place. With many actions literally threatening laws she is sworn to defend, it seems the magnifying glass placed on her career recently seems unneeded as not only does she have a thin list of legal writings, but also a pretty obvious controversial legal history. In fact, even her non-legal positions was seen to her as her own personal courtroom. In attempt to bar the military from using the office of Career Services, Kagan attempted to connect “Don’t Ask, Don’t Tell” and the right for military to be present on campuses during her term as Dean of Harvard Law School. While Obama’s colleague Senator John Kerry may have once stated that it is the undereducated who enlist, statistics show otherwise.

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