Breaking news this morning: Obama will apparently be announcing around 11am this morning that he’s chosen Elena Kagan to replace Justice Stevens on the Supreme Court. Kagan is a Harvard Law school dean turned solicitor general, and the pick is not without controversy.

resident Barack Obama will nominate Solicitor General Elena Kagan to the Supreme Court, positioning the court to have three female justices for the first time, NBC News reported late Sunday.

Kagan served as the Dean of Harvard Law School from 2003 to 2009. She was widely viewed as a front-runner when Obama was considering candidates for a Supreme Court opening last year, but the president ultimately chose Sonia Sotomayor for the job.

At 50 years old, Kagan would be the youngest justice on the court, one of many factors working in her favor. She has the chance to extend Obama’s legacy for a generation.

That’s exactly what makes her so appealing to Obama, and so scary to almost everyone else.

Kagan would be the first justice without judicial experience in almost 40 years. All of the three other finalists she beat out for the job are federal appeals court judges, and all nine of the current justices served on the federal bench before being elevated. The last two justices who had not been judges, William Rehnquist and Lewis Powell, joined the Supreme Court in 1972.

Kagan’s choice is controversial largely because she’s anti-military. She helped ban military recruiters from Harvard because gays are not allowed to serve openly. Republicans could filibuster the pick, but it’s unlikely. Kagan is a relatively safe pick, though. The NBC News story above is already playing the moderate game, calling her a “uniter”.

The truth is a little more worrying.

First, Kagan has zero judicial experience. As Michelle Malkin points out,

Dean Kagan’s nomination to the Supreme Court would be concerning given her complete lack of judicial or appellate experience. She has never been a judge or even argued a case in a court of appeals. It is difficult to see how her experience fundraising for Harvard Law School qualifies her for a seat on the Nation’s high court.

The fact that she’s a lesbian probably helped. Oh, wait, she apparently is straight. Over at The Other McCain, they’re having a lot of fun speculating about this chick:

She’s also in favor of greater presidential control. Put her together with Barack Obama, and that could be a recipe for disaster. Kagan doesn’t seem like the type who will uphold the Constitution to me. She seems like the type who will toe the Obama line.

Right now, there’s not much known about her. That’ll change over the next few day, and I doubt it’ll put many people’s minds at ease.