Certainly New York City dwellers would argue that they struggle with ordinary concerns, just in a more dense environment. But New York, like other urban areas, tends to be more liberal than the vast rest of the country. More than half the country also happens to be Protestant, yet with Kagan, the court will feature three Jews, six Catholics and nary a Protestant. Fewer than one-fourth of Americans are Catholic, and 1.7 percent are Jewish.
One does not have to be from a rural Georgia backwater (Clarence Thomas), or the child of recently arrived immigrants (Antonin Scalia and Samuel Alito), to qualify as a justice, though it might help in claiming identity with ordinary people. One could even argue that it matters only that one regard the law with utter neutrality.
But the president adheres to the ordinary-people principle, and so the question must be asked: Does Kagan meet the standard? She may have other qualifications, including her willingness at Harvard to invite conservative scholars to her faculty. But a New York City girl who attended a prep school, Ivy League colleges and law school — who once barred military recruiters from Harvard’s recruitment office and was an adviser to Goldman Sachs — can’t be characterized as anything close to mainstream America.