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AP Presumes Senate Will Confirm Kagan

From a clearly smitten Associated Press:

Kagan has presumption of court confirmation

By David Espo, AP Special Correspondent

May 11, 2010

WASHINGTON – Supreme Court nominee Elena Kagan embarks on her quest for Senate confirmation with a strong presumption of success, drawing praise from majority Democrats and nary the threat of an all-out election-year battle from Republicans.

We can’t help but wonder if any recent Republican Supreme Court nominee has ever enjoyed a "strong presumption of success" from our watchdog media.

GOP critics laid down a series of markers, though, making clear they will question the 50-year-old solicitor general about her lack of judicial experience, her decision as dean of the Harvard Law School to ban military recruiters from campus, and her ability to rule objectively on cases involving the Obama administration.

Sure, others have gotten on the Supreme Court without having ever been a judge. But those men were by and large already public figures, usually they had held public office.

The quality of their ‘judgment’ had already been demonstrated – in deciding large, important issues.

Ms. Kagan has no such record. Being dean of the Harvard Law school is an administrative job.

As dean, Ms. Kagan decided to give students free coffee and bagels. It’s not exactly the same as having served on a federal bench for 20 years, making difficult rulings on matters of life and death.

Indeed, Ms. Kagan’s only significant decision while at Harvard was to ban military recruiters from the campus because of her personal views about homosexuality. A decision that was eventually overturned by the Supreme Court.

Americans "do not want someone to be a rubber stamp for any administration," Senate Republican leader Mitch McConnell said Monday, a few hours after President Barack Obama named Kagan as his choice for the high court. "They instinctively know that a lifetime position on the Supreme Court does not lend itself to on-the-job training." …

So the Republicans will have to put up their patented ‘token resistance.’

If confirmed, Kagan would take the place of retiring Justice John Paul Stevens and, on the face of it, would not be expected to alter the ideological balance of a court that often splits 5-4 on the most contentious cases.

We do love this media conceit that the ‘balance of the court’ must by all means be preserved. That is, unless it can be made to tilt even more leftward.

Even so, Obama e-mailed a video to thousands of supporters in which he said the 90-year-old Stevens has helped justices "find common ground on some of the most controversial and contentious issues the court has ever faced." He added Kagan could "ultimately provide that same kind of leadership," suggesting she had the legal acumen and personality necessary to knit together a majority coalition of five justices, as Stevens has done.

The president did not identify any of the cases he was referring to. But Stevens has been on the majority side in recent years in divided court decisions that ruled detainees at Guantanamo had a right to go to court to challenge their confinement, struck down Bush-era military commissions, and banned the death penalty for offenders younger than 18.

Other close cases where Stevens either wrote the opinion or assigned it as the senior justice on the prevailing side cheered environmentalists and supporters of abortion rights. One directed the Environmental Protection Agency to regulate greenhouse gas emissions from cars and trucks. Another struck down a Nebraska state law that banned a type of late-term abortion

What a wonderfully unifying record. By all means, let’s hope Ms. Kagan can also ‘bring us together’ like Mr. Stevens did.

By the way, have you noticed all the ads in support of Ms. Kagan that have been popping up on this site and all over the internet? How was it they were put together so quickly?

And what special interests consider her confirmation so important that they would be willing to shell out real money for such an advertising blitz?

This article was posted by Steve on Tuesday, May 11th, 2010. Comments are currently closed.

4 Responses to “AP Presumes Senate Will Confirm Kagan”

  1. Right of the People says:

    Bork the beetch!

    The Republicans need to filibuster on this until after the Nov elections. If the elections are as successful as we all hope they will be, they in January they can vote her down.

  2. mr_bill says:

    When a conservative president is elected in 2012, he/she should appoint some very conservative and very young (like 35 or 40 yrs. old) justices. If Kagan is confirmed, the libs will have no grounds to oppose them. Of course, the libs will insist on a double standard, because they are liberals and that’s what liberals do.

  3. canary says:

    Fox news said Senator Jim inhofe (R-OK) 1st to oppose Elena Kagan.
    Pretty unAmerican to for Elena Kagan to consider anyone at Hartford serving the U.S. of America, when Obama wants forced civil service from every America.

    What I don’t comprehend is where is the outcry of her Presidential Administration article, that the U.S. President and his administration should made the laws & regs, and not Congress nor Senate. Isn’t this the very dictator socialist overkill, that has put Obama and his Administration’s creation of the Obama Health Care Bill, gives the Executive Branch the right to run the health care, without even Congressional input. Elena Hagan’s administrative career is to complimentary. The only job Elena Hagan has performed in the last years is making money. Not to could at that considering how long it took Obama’s to pay their Harvard school loans off.

    Inhofe Opposes Kagan to Supreme Court
    May 10, 2010

    WASHINGTON, D.C. – U.S. Sen. Jim Inhofe (R-Okla.) today announced his opposition to President Obama’s nominee, Solicitor General Elena Kagan, to fill the Supreme Court seat being vacated by Justice John Paul Stevens.

    “As with her nomination to serve as Solicitor General, I remain concerned about Elena Kagan’s record,” Inhofe said. “Now as a nominee to the Supreme Court, her lack of judicial experience and her interpretation of the Constitution also play an important role in my decision to once again oppose her nomination. The position for which she has been nominated has lifetime tenure, and it is concerning that the President has placed such trust in a nominee that has not been properly vetted through a judicial career, having worked mostly in academia and never before as a judge.

    “While her service as the Dean of Harvard Law School is an impressive credential, decisions she made in that role demonstrated poor judgment. While there, she banned the U.S. military from recruiting on campus, an issue very important to me. She took the issue even further when she joined with other law school officials in a lawsuit to overturn the Solomon amendment, which was adopted by Congress to ensure that schools could not deny military recruiters access to college campuses. Claiming the Solomon Amendment was ‘immoral,’ she filed an amicus brief with the Supreme Court in Rumsfeld v. F.A.I.R opposing the Amendment. The Court unanimously ruled against her position and affirmed that the Solomon Amendment was constitutional.

    “I am also concerned about the seeming contempt she has demonstrated in her comments about the Senate confirmation process as well as her lack of impartiality when it comes to those who disagree with her position.”


  4. canary says:

    Obama’s nomination for Supreme Court Justice Elena Kagan mourned the Socialists fizzling calling for Socialists to unite in order to defeat the “entrenched foe”.

    In her thesis at Princeton University named “To the Final Conflict: Socialism in New York City, 1900-1933, Hagen mourned that at the time of writing her thesis there was no socialist movement could be found to show the glories of socialism’s greatness. And questions why the Socialist party never became a major party. No, just conformists, no rebels like herself. And then she meant Obama and other radicals, the democrats just fell in line, and presto.

    If Elena Kagan is nominated as Justice, the damage will take much more work for U.S. Americans to repair. Makes more understanding when the FBI used to keep watch out and over Socialists and Communists living in America. Now the FBI has to serve the skirts of Obama and that HSD Secretary female pit pull ballooned face wearing lip stick that goes “rough, ruff, ruff, roff.”

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