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Obama Picks Kagan For Supreme Court

From a cheering New York Times:

Obama to Nominate Kagan as Justice


May 9, 2010

WASHINGTON — President Obama will nominate Solicitor General Elena Kagan as the nation’s 112th justice, choosing his own chief advocate before the Supreme Court to join it in ruling on cases critical to his view of the country’s future, Democrats close to the White House said Sunday.

After a month-long search, Mr. Obama informed Ms. Kagan and his advisers on Sunday of his choice to succeed the retiring Justice John Paul Stevens. He plans to announce the nomination at 10 a.m. Monday in the East Room of the White House with Ms. Kagan by his side, said the Democrats, who insisted on anonymity to discuss the decision before it was formally made public.

In settling on Ms. Kagan, the president chose a well-regarded 50-year-old lawyer who served as a staff member in all three branches of government and was the first woman to be dean of Harvard Law School. If confirmed, she would be the youngest member and the third woman on the current court, but the first justice in nearly four decades without any prior judicial experience.

That lack of time on the bench may both help and hurt her confirmation prospects, allowing critics to question whether she is truly qualified while denying them a lengthy judicial paper trail filled with ammunition for attacks. As solicitor general, Ms. Kagan has represented the government before the Supreme Court for the past year, but her own views are to a large extent a matter of supposition…

Replacing Justice Stevens with Ms. Kagan presumably would not alter the broad ideological balance on the court, but her relative youth means that she could have an influence on the court for decades to come, underscoring the stakes involved…

With all signs pointing to a Kagan nomination, critics have been pre-emptively attacking her in the days leading up to the president’s announcement. Paul Campos, a law professor at the University of Colorado, Boulder, writing on The Daily Beast, compared her to Harriet E. Miers, whose nomination by President George W. Bush collapsed amid an uprising among conservatives who considered her unqualified and not demonstrably committed to their judicial philosophy.

M. Edward Whelan III, president of the Ethics and Public Policy Center in Washington, wrote on National Review’s Web site that even Ms. Kagan’s nonjudicial experience was inadequate. “Kagan may well have less experience relevant to the work of being a justice than any entering justice in decades,” Mr. Whelan wrote.

Ms. Kagan defended her experience during confirmation hearings as solicitor general last year. “I bring up a lifetime of learning and study of the law, and particularly of the constitutional and administrative law issues that form the core of the court’s docket,” she testified. “I think I bring up some of the communications skills that has made me — I’m just going to say it — a famously excellent teacher.”

Ms. Kagan had several advantages from the beginning that made her the most obvious choice. For one, she works for Mr. Obama, who has been impressed with her intelligence and legal capacity, aides said, and she worked for Vice President Joseph R. Biden Jr. when he was a senator. For another, she is the youngest of the four finalists, meaning she would most likely have the longest tenure as a justice…

A New Yorker who grew up in Manhattan, Ms. Kagan earned degrees from Princeton, Oxford and Harvard Law School, worked briefly in private practice, clerked for Justice Thurgood Marshall, served as a Senate staff member and worked as a White House lawyer and domestic policy aide under President Bill Clinton. She was nominated for an appeals court judgeship in 1999, but the Senate never voted on her nomination.

She has been a trailblazer along the way, not only as the first woman to run Harvard Law School but also as the first woman to serve as solicitor general…

If the Senate confirms Ms. Kagan, who is Jewish, the Supreme Court for the first time will have no Protestant members. In that case, the court would be composed of six justices who are Catholic and three who are Jewish. It also would mean that every member of the court had studied law at Harvard or Yale.

Like her former boss, Justice Marshall, who was the last solicitor general to go directly to the Supreme Court, Ms. Kagan may be forced to recuse herself during her early time on the bench because of her participation in a number of cases coming before the justices. Tom Goldstein, publisher of Scotus-Blog, a Web site that follows the court, estimated that she would have to sit out on 13 to 15 matters. Mr. Whelan argued that it would be significantly more than that

Some other details about Ms. Kagan, freely adapted from Wikipedia:

Elena Kagan

Kagan earned a A.B. in history from Princeton University, summa cum laude, in 1981. At Princeton, she wrote a senior thesis under historian Sean Wilentz titled "To the Final Conflict: Socialism in New York City, 1900-1933."

Sean Wilentz’s historical scholarship has focused on the importance of class and race in the early national period, especially in New York City. So one can see how Ms. Kagan was able to fit right in with Mr. Obama’s agenda.

She taught at the University of Chicago. While there, she published Regulation of Hate Speech and Pornography After R.A.V., a law review article on the regulation of First Amendment hate speech.

From 1995 to 1999, Kagan served as President Bill Clinton’s Associate White House Counsel and Deputy Assistant to the President for Domestic Policy and Deputy Director of the Domestic Policy Council.

So she may have had a hand in legal defense against Paula Jones, but also in his last minute pardons.

Clinton nominated to serve her to serve as a judge on the D.C. Circuit Court of Appeals. But the Senate never gave her a hearing.

Mr. Clinton only nominated her in July 1999, near the end of his term. And after all he had done to the court system, who could blame the Senate judiciary committee for not holding hearings?

In 2003 was the first woman to be named Dean of the Harvard Law School by then-president Lawrence Summers.

This is the same Mr. Summers who later said women aren’t as adept in the sciences as men.

During her deanship, Kagan constructed new facilities at Harvard, and had the college give out free morning coffee. She supported a long-standing policy barring military recruiters from campus, because she felt that the military’s Don’t ask, don’t tell policy discriminated against gays and lesbians

The case was challenged in the Supreme Court, which ruled the military could indeed require schools to allow recruiters if they wanted to receive federal money. Kagan, though she allowed the military back, simultaneously urged students to demonstrate against Don’t Ask, Don’t Tell.

So she encouraged law students to demonstrate against a Supreme Court ruling.

In October 2003, Kagan sent an e-mail to students and faculty deploring that military recruiters had shown up on campus in violation of the school’s anti-discrimination policy. It read, "This action causes me deep distress. I abhor the military’s discriminatory recruitment policy." She also wrote that it was "a profound wrong — a moral injustice of the first order."

Of all the things in the world, Ms. Kagan calls this a moral injustice of the first order?

From 2005 through 2008, Kagan was a member of the Research Advisory Council of the Goldman Sachs Global Markets Institute.

Yes, that Goldman Sachs. Evil incorporated.

Kagan’s sexual orientation and its role in nomination politics became the subject of media discussion after CBS News published a blog post by Ben Domenech which reported a Harvard campus rumor that Kagan is a lesbian. CBS removed the post shortly after White House officials stated that the rumor was untrue

There have been several articles expressing outrage over this last point:

From the Atlantic: Sexual Politics and the Supreme Court

From the Washington Post: White House complains about CBS News blog post saying that possible Supreme Court nominee is gay

From Slate Magazine: Quit asking about Elena Kagan’s sexual orientation

It’s a little ironic that all of these articles take the position that it is out of bounds that anyone should ask about Ms. Kagan’s sexual persuasion. After all, isn’t that the essence of the dreaded doctrine of ‘don’t ask, don’t tell’?

But, of course, if Ms. Kagan wasn’t rumored to be a lesbian she probably would not have be made Solicitor General or put at the at the top of Mr. Obama’s list for the Supreme Court.

For not only is Mr. Obama must be hoping to pander to the largest minority — women. (In fact, women are the only minority that is a majority.)

And to the ‘Jewish vote.’ (Which is handy, given that there are reports that Mr. Obama is losing a lot of his Jewish support.)

But, first and foremost, one suspects that Mr. Obama is going after the homosexual vote. Since if the unmarried Ms. Kagan is not a lesbian, she is as they say extremely ‘gay friendly.’ — Not that there’s anything wrong with that.

Especially when you need all the votes you can get in November.

Still, try to imagine how much better off we would be as a country if a Supreme Court justice would be chosen for their qualifications rather than the the color of their skin, their gender, their ethnic background, their religion — or even their sexual persuasion.

Wasn’t that the world Mr. Martin Luther King, Jr., dreamt about?

This article was posted by Steve on Monday, May 10th, 2010. Comments are currently closed.

24 Responses to “Obama Picks Kagan For Supreme Court”

  1. P. Aaron says:

    Kagan has no experience, Obama has next to none. What was all that talk about Palin’s lack of qualifications for higher office?

  2. wardmama4 says:

    Let’s see – Harvard, Goldman Sachs, lawyer with almost no experience practicing law (in a court room) and certainly zip experience as a judge – thinks don’t tell is a violation of the First Amendment and that schools who ban recruiters are just being fair (only jobs that allow everyone should be allowed).

    I think Kagan is in for 3 reasons – 1) to rule against either Obama’s NBC status (should it make it to the Supreme Court) or (probably most likely) to rule against the Un-Constitutionality of Obamacare when it makes it to the Supreme Court, 2) as pay back to GS and of course a hat tip to Harvard and 3) to rule based upon emo and ‘compassion’ and ‘social justice’ – thus overturning for the next 30 or so years (thus also securing a rabidly liberal SC) any real Constitutional Judgments from the Supreme Court. And thereby securing a true 3 branches of government takeover in America.

    1) God Help America – we may be doomed to the destruction going on in such ‘social justice’ paradises as Cuba, Venezuela and of course Russia.
    2) Get right with God – when you pair this with the EU getting a Trillion dollar bailout – and never forget that Obama gave the IMF a billion or so when he got into office – this has been manipulated, planned and executed for a long, long time – one card out of place – and the entire World can possibly collapse.
    3) Never forget Kagan believes that the POTUS should have MORE power over government than he now has – this is another intentional destruction of the American system by a person with an agenda – who was raised and groomed to destroy America.

    I find it telling that on Fri & Sat, not a damn one of the ‘pundents’ could find the strength to mention that this woman is viruralently anti-military nor that she has worked for Goldman Sachs – and those liberals fools had the audicity of a dope to go on and on about Bush’s croynism? This empty suit makes Bush look like a piker.

  3. GetBackJack says:

    I swear to Pete that looks like Elton John

  4. proreason says:

    It’s a relief to know that we will now have two high-ranking females who aren’t lesbians, despite all the clues that they are. Big Sis and now Bigger Sis.

    It appears that lesbianism is now such a desirable lifestyle that straight women are adopting the lesbian haircut, the big-jaw look, men’s clothing and packing on the old pounds to get that nouveau feminista appearance.

    Not that it matter.

    Unless, I guess, you adhere to that outdated bolshevik notion the men and women forming families and raising children is a good thing for society.

    • misanthropicus says:

      Proreason, Kagan’s sexual inclinations = red herring parlayed by MSM:

      The problem with Kagan is not her Saphic inclinations, her Harvard, plagiarism inclined tenure (but we are talking about a completely fraudulent administration, don’t we?), or her odious jackets, but the fact…

      … that she is a gross, “what’s personal is political” type who – God forbid! – if appointed, will immediately start working for the “The white race is the cancer is the of the world!”, ” Heather has two moms”, “One world- Amnesty for 13 miilion wise illegals!” and “God damn America!” ideology which is fueling Obama’s regrettable presidency –

      That is the real issue with Kagan –
      And Kagan must not get the appointment –

    • proreason says:

      “The problem with Kagan is not her Saphic inclinations”

      Well, it’s certainly not the only problem, but it is just as certainly one of many.

      The idea that homosexuality is just another lifestyle is now so ingrained that otherwise intelligent people just accept it as fact. But it isn’t just another lifestyle. It’s anti-social and anti-family. It’s used by leftists as another way to attack families and religion, two of the key social structures that help society function smoothly and resist totalitarianism. You are thinking perfectly according to their plan, Mis. I feel bad for homosexuals and I don’t want to see them abused and shamed, but neither do I want them frothing in my face or imposing amorality on people either. And I don’t buy the meme that every homosexual is born one either. That’s just another part of the con.

      And the topic a lot more important than anybody wants to admit. Popping-vein homosexuals are driving a good bit of the Marxist agenda. This lady is one of them, although, like the Moron, she is a master of deceptionf.

      So, it’s not a red herring and if people don’t stand up to it then people like Rosie O’Donnel, Drooling Barney Franks and this nominee will end up running the whole world.

  5. tranquil.night says:

    There’s something very wrong when the media needs to structure the image of a judicial nominee, especially when this shortlist of Liberal activism is the best they can do (what else were they left with though?). Of course there was nothing right about when they did it for a particular presidential nominee either.

    What it really says is they aren’t concerned with facts which we’ve known forever, because they can always counter the facts with a narrative long enough for people to get “sick of the partisan politics” and just want the issue dealt with at the false center, which is always drifting more left.

    The situation has been simple for quite a while now. There’s the universe of reality and the universe of lies and Barack Obama’s agenda is like a desperately flopping fish out of water. Elena Kagan is latest unconventional attempt to subvert the real law of the land to fulfill his twisted legacy of refounding. The Congressional Republicans simply cannot allow this viral postmodern ideology and destructive religion of self to infect and destroy our institutions of law from within anymore. The country simply cannot sustain or entertain it anymore.

    Fight on, always. Filibuster ’till November!

  6. Right of the People says:

    Whatever happened to the “The best qualified candidate”?

    Never mind. I guess I’ll just wait for the bus to the re-education camp.

  7. mr_bill says:

    I’m wondering how long it will be before it’s discovered that she hasn’t paid her taxes.

  8. catie says:

    She is an idiot who despises the military, who has even less experience than Harriet Myers and to top it off-Obama can tell all the DADT people he has one of their own on the Court now.

  9. canary says:

    Both of Obama’s Supreme Court Justice nominations Elana Kagan and Sonia Sotomayor worked for Goldman Sachs. Goldman Sachs Sonia partners in elite woman’s only Belizean Grove club with former Goldman Sachs partner Ann Kaplan.

    Elana Kagan is just more Obama Nepotism. Maybe Obama owes Kagan a favor during his school days.

    Obama picks two Supreme Court Justices to be on highest court suing a company they worked for prior to becoming Justices?


  10. misanthropicus says:

    What would one expect from Soetoro faux-presidency other than to pad his anti-American bubble with rabid lefties like Kagan?
    Other than being an obnioxious, quarrelsome and abusive nag, Kagan brings to SCOTUS nothing – nothing, nothing other than a mediocre, special preferrence career (oh, a professed lesbian, she got to be so enligtened!), whose overall incompetence is marked by vengeful lefty spikes –
    Yes, a wise (and chronically achoholic) lesbian, complementing the wisdom (and chronic alcoholism) brought to SCOTUS by a wise Latina, both appointed to SCOTUS by a mystery “president” whose background is completely sealed –

    What a crude farce! And expect more grotesque in this sorry process that Kagan’s appointment is – the imposter praising the buffoon –
    That is Obama’s praising Kagan’s legal scholarship (while she has no discernable legal past), and this coming from someone who has anyway no discernable legal scholarship past, other than gained from conferrences with Robert Bauer over the best tactics to obfuscate his own presidential illegitimacy –
    And Kagan responding in kind, gushing glowing reviews of Obama’s legal scholarship –

    What a gross farce the nomination of Kagan is!
    And to what level of mental indolence the liberal education and the MSM have managed to bring this nation who meekly aquiesce our current Caligula’s cynical appointments!

    PS: By the way, didn’t Obama mention in his Bill Ayres penned autobiography that he intently sought during his mystery academic past to associate with anything revolutionary, including LESBIANS? Interesting confession, reflecting Obama’s own sexual inclinations, since in the 80-s homosexuality wasn’t really polictical carreer launcing pad for an ambitious errrrr… Kenyan –
    Oh…. those youthful indiscretions….
    Oh… and Michelle’s migraines…

    PPS: And just yesterday Robert Bauer (Anita “Great Leap Forward” Dunn’ hubby), the WH counsel got his own ethics waiver from the WH –
    “Soldiers! I absolve you of that chimera that the bourgeoisie calls conscience!” Hitler said –
    Day-in-day out Obama’s actions show how splendind Hitler’s marching orders dove-tail with his own ways of implementing his “luminous future” plans upon America –

    • Rusty Shackleford says:

      What I see here that you’re talking around but making clearly plain is the utter camouflage this administration is using/has used at all levels in all things.

      I am one who hopes that it’s this activity that brings down this regime.

      The American people, regardless of political affiliation, DO NOT LIKE and WILL NOT RESPECT such secrecy that prevents them from knowing the basis of what’s going on in our government.

      One may say that lefties like it so long as it suits their agenda and though I am inclined to agree, they often show more backbone when things are done in total secrecy and without explanation.

      I’m not trying to defend them but the discourse and banter that went on in the Carter and Clinton years has been squelched and I have found that there are SOME…and I do mean some, liberals who resent that this tactic has become de rigor for the left. They would, in fact prefer debate and banter and dissenting views as they truly do believe that through debate we can arrive at a viable compromise.

      But given the events of the past 16 months, I am disinclined to be accommodating and tolerant and simply dismiss any liberal on their party affiliation alone.

      Mis, you hit the target but you took too long to shoot. You’re right that the left has sprung poisonous tentacles but somehow we need to return to the situation where the US was the envy of all the world through thoughtful debate, intelligent discourse and thoughtful disagreement.

      I realize that my “utopian dream” is less attainable than the one the left is trying to etch in marble now…but it’s that very hope that keeps me going; To see the day when we return to a capitalist nation (fat chance?) and strive for the greater good by allowing all to meet their challenges and overcome them.

      I have done as much and respect those who have also.

      Free citizenship is crap
      You can’t cure poverty by giving poor people money
      Affirmative action is the MOST racist of activities
      Our land will not be safe if radical muslims keep attacking us.

      And on and on.

      Mis, keep posting….but be more direct. (sarcasm)

      I love your posts and they always reach my center.

    • proreason says:

      Interesting to hear that Kagan and Sotomeyer are alchoholics.

      I hadn’t heard those rumors…but you don’t hear much from the hollow-cheeked state-run media that runs counter to the novel they have been writing for the last 50 years. Teddy Kennedy, after all, is portrayed as one of the greatest Senators of all time, not a murderous drug-addict with a 2-bit IQ and no achievements other that telling lies in the Senate for his entire life..

      Where is the National Enquirer when you need them?

  11. canary says:

    Helena Kagan wrote an article near publication that all power should belong to Obama and his administration, according to Wikipedia.org.

    She was a Supervisory Editor of the Harvard Law Review before Obama was named first black president of Harvard Law Reivew. They like writing fairy tales.

    She received a J.D., magna cum laude, from Harvard Law School in 1986, where she was Supervisory Editor of the Harvard Law Review.

    Helena Kagan probably knew Obama at the University of Chicago Law School as they were there at same time. Obama was given an office to write his memoir after be-coming the first African American President on the Hartford Law Review. The University of Chicago hoped he would become an instructor in gratitude.

    then look at scary Elena Kagan’s article on Presidential Administration after she worked under Clinton.

    (Kagan assistant professor in 1991 and a tenured professor of law in 1995.
    Her interests focus on administrative and regulatroy law.

    * Her 2001 Harvard Law Review article, “Presidential Administration” was honored as the year’s top scholarly article by the American Bar Assoication’s Section on Administrative Law and Regulatory Practice, and is being developed into a book to be published by Harvard University Press.

    * This article examines a recent and dramatic transformation in the relationship between the President (and his staff) and the administrative
    state. Professor Kagan argues that President Clinton, building on a foundation President Reagan laid, increasingly made the regulatory activity of the executive branch agencies into an extension of his own policy and political agenda. He did so, primarily, by excercising directive authority
    over these agencies and asserting personal ownership of their regulatory activity – demonstrating in the process, against conventional wisdom, that enhanced presidential control over administration can serve pro-regulatory objectives. Professor Kagan offers a broad though not unlimited defense of the resulting system of “presidential administration” against legal and policy objections. This form of controlling agency action, she argues comports with law, because, contrary to the prevailing view, Congress generally should be understood to have left authority in the President to direct executive branch officials in the exercise of their delegated discretion.*

    * http://en.wikipedia.org/wiki/Elena_Kagan

    Obama’s election as the first black president of the Harvard Law Review gained national media attention[39] and led to a publishing contract and advance for a book about race relations,[42] which evolved into a personal memoir. The manuscript was published in mid-1995 as Dreams from My Father.[42]
    University of Chicago Law School and civil rights attorney

    In 1991, Obama accepted a two-year position as Visiting Law and Government Fellow at the University of Chicago Law School to work on his first book.[43] He then served as a professor at the University of Chicago Law School for twelve years—as a Lecturer from 1992 to 1996, and as a Senior Lecturer from 1996 to 2004—teaching constitutional law.[44]


  12. canary says:

    Well, Elena Kagan’ her site says she’s on leave. It has clicks


    # Kagan, Elena. “Presidential Administration,” 114 Harvard Law Review 2245 (2001).
    Full text: HEIN (Harvard Users) || HEIN || LEXIS || WESTLAW
    # Kagan, Elena & David Barron. “Chevron’s Nondelegation Doctrine,” 2001 Supreme Court Review 201 (2001).
    Full text: LEXIS || WESTLAW
    # Kagan, Elena. “Private Speech, Public Purpose: The Role of Governmental Motive in First Amendment Doctrine,” 63 University of Chicago Law Review 413 (1996).
    Full text: HEIN (Harvard Users) || HEIN || LEXIS || WESTLAW

    • canary says:

      Kagan, Elena. “For Justice Marshall,” 71 Texas Law Review 1125 (1993).

      Kagan, Elena. “A Libel Story: Sullivan Then and Now,” 18 Law and Social Inquiry 197 (1993) (book review).

      Kagan, Elena. “Regulation of Hate Speech and Pornography After R.A.V,” 60 University of Chicago Law Review 873 (1993).

      Kagan, Elena. “The Changing Faces of First Amendment Neutrality: R.A.V. v St. Paul, Rust v Sullivan, and the Problem of Content-Based Underinclusion,” 1992 Supreme Court Review 29 (1992).

  13. Mithrandir says:

    You need to satisfy multiple special interest groups with 1 person:

    Sotomayor: hispanics, women, leftists

    Kagan: gays, women, jews, leftists

    It has NEVER been about finding the BEST for ALL Americans, it is all a point system, and Kagan has put in her points over the years.

    • canary says:

      Mithrandir, Just because she has Jewish blood doesn’t mean she is a Jew.
      some Jews know nothing about their religious beliefs.

  14. eaglewingz08 says:

    So there will be three lesbians on the Court to replace one closeted New England judge despite the fact that less than five percent of America is gay or closeted. And three Jewish New Yorkers will be justices, despite the fact that only 3 percent of America is Jewish and only 8 percent are New Yorkers. Talk about over representation. And what about the complete absence of Protestants? How could you have no Protestants on the Court when 60 percent of America are from that group? Is that representative of America?

    • JohnMG says:

      …..”Is that representative of America?….”

      It’s probably indicative of who Obama and his complicit thugs want to represent……to the exclusion of the rest of us.

      It is all so plain to see, now. Don’t-ask-Don’t tell, corporate campaign contributions, health care reform challenges, Arizona immigration law challenges, Chicago gun restriction appeals……..just how much of this liberal agenda and/or the roll-back of it will eventually end up before SCOTUS?

      This is the most conniving administration ever to be seated!

  15. Roehnan says:

    I’m actually surprised that he didn’t name a muslim to the court.

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