Why should Elena Kagan be confirmed to a lifetime appointment to the most powerful court in the world? She'd be judging trial lawyers and trial judges who've been through the mud and the blood and the beer of courtroom trials. A trial — maybe something she's never even seen. She's an academic elitist that's never tried a case. That's like putting someone in charge of the brain surgery unit that's never done an operation.
And that's just the way it is.