How far is Fox going in its effort to smear Elena Kagan? This far:

We've heard a lot of ludicrous attacks on Kagan's experience, but this one takes the cake. Fox's guest, attorney Jennifer Smetters, is complaining that Kagan may not be qualified to be a Supreme Court justice because she “has never had any experience in big or small business.” According to Smetters, that means she may not “have the requisite ability to really decipher facts and scenarios that may come before her.”

Of course, if Kagan has no experience in “big or small business,” none of the conservative members of the Supreme Court have any either. Like Kagan, the only experience in the private sector that any of them have is working in law firms. Because, you know, generally presidents have considered work in the legal field as a better qualification for Supreme Court nominees than, say, small business ownership.

Meanwhile, it seems worth pointing out that Smetters is a family law attorney who appears to have her own practice with no other partners or associates. She handles divorces and child custody cases. Her website gives no indication that she has any background whatsoever related to the Supreme Court or constitutional law.

For Fox, the only necessary qualification is willingness to criticize progressives.