GOP to vet federal judge on State questions

As President Obama prepares to name his first Supreme Court justice, conservatives in Washington are making clear that his nominee will face plenty of questions during the confirmation process on the legal underpinnings of same-sex marriage.

So she better start boning up on the Alabama constitution. Unless Jefferson Beauregard Sessions III & Co. can discover an exclusive right to "opposite marriage" in the United States one.

Speaking of potential nominees, here's an exchange that should disqualify Solicitor General Elena Kagan right off the bat:

"Do you believe we’re at war?" Senator Lindsay Graham asked. "I do, senator," she answered crisply.

Any prospective Supreme Court justice would understand that the Congressional authorization for the use of military force is not the same as a formal declaration of war, and reply accordingly.

If Prof. Kagan really believed the United States of America was "at war," surely she wouldn't have barred military recruiters from Harvard Law School in 2004. Would she have in 1943? Unlikely.

But at least Lindsey Graham got the answer he wanted to hear.