As liberal Justice Elena Kagan takes her place on the Supreme Court next week, she could thank The New York Times for making her confirmation process smoother. Ever since Ronald Reagan nominated Robert Bork and he was rejected by the Senate in 1987 for his views and not his character or qualifications, confirmation battles for liberals have become less like judicial seminars and more like political campaigns. For almost 20 years, in this new era of activist groups and activist reporters, The New York Times has covered Supreme Court fights with a heavy finger on the scales of justice, tipping the balance. They have painted conservatives as highly controversial and dangerously ideological, while liberal nominees were presented as "brilliant" moderates who were only newsworthy in that they were often laudably "historic" choices, or, in Kagan's case, she was not only "brilliant," but "very funny, warm and witty."
For Supremely Slanted, Times Watch analyzed the arc of coverage over the last two decades and the last seven Supreme Court justices, from Clarence Thomas's nomination in 1991 to Elena Kagan's confirmation in 2010, and found stark differences in how the Times reported on the four Justices nominated by Democrats versus the three nominated by Republicans.
Times Watch examined every substantive New York Times news story on each nomination, starting with the official presidential announcement and ending with the Senate vote confirming the nominee to the Supreme Court. Among the findings:
A stark pro-Democratic double standard in labeling:
- The Times demonstrated a 10-1 disparity in labeling "conservative" justices nominated by Republicans compared to "liberal" ones nominated by Democrats.
- In all, the three Republican-nominated justices were labeled "conservative" 105 times, while the four justices nominated by Democrats were labeled liberal on just 14 occasions.
Kagan a 'Brilliant Woman...Who Is Also Very Funny and Warm and Witty' 
During the 'Early Wrap' segment on Friday's CBS Early Show, co-host Harry Smith discussed the confirmation hearings for Supreme Court nominee Elena Kagan with a panel of media pundits: "The almost unknown, practically under the radar, the Supreme Court nominee, Elena Kagan, before committees this week being funny. She was downright funny."
Wednesday's evening news shows and Thursday's morning programs continued to minimize or leave out important moments of Supreme Court nominee Elena Kagan's confirmation hearings. ABC's Good Morning America, for instance, has offered only 67 seconds of coverage over three days. Today and The Early Show each provided a single ten second news brief on Thursday. 
On Tuesday's Rick's List, CNN's Jessica Yellin harkened back to her college days at Harvard as she defended Supreme Court nominee Elena Kagan against charges by conservatives that she is anti-military: "When I was at Harvard, a full decade before she was dean of the law school, there was already institutional opposition to 'don't ask, don't tell'....it steeps the whole university."
It's not cute when reporters play dumb. Last year, when Barack Obama nominated Sonia Sotomayor for the Supreme Court, CBS anchor Katie Couric said labeling her “won't be easy.” CBS reporter Wyatt Andrews found “no clear ideology” in her public record. This week, the Washington Post embarrassed themselves with a front-page story claiming “Obama has not chosen outspoken liberals in either of his first two opportunities to influence the makeup of the court.”