Last Sunday Barack Obama selected Elena Kagan, the current Solicitor General of the United States, as his nominee for next Supreme Court Justice. If she is approved by the Senate, the relatively young (50-year old) Kagan will have a say for many years to come in critical constitutional decisions that will affect the country’s future. This appointment matters, to put it mildly:
As he presses an ambitious agenda expanding the reach of government, Mr. Obama has come to worry that a conservative Supreme Court could become an obstacle down the road, aides said. It is conceivable that the Roberts court could eventually hear challenges to aspects of Mr. Obama’s health care program or to other policies like restrictions on carbon emissions and counterterrorism practices.
So who, exactly, is this woman, who may well be ruling for years to come on constitutional issues, including those pertaining to the limits of government? What is her legacy as a judge? How has she interpreted the law in particular cases? Well, unfortunately, there’s no record whatsoever to look at, because Elena Kagan has never been a judge at any point in her life. Yes, you read that right: although she was once a law clerk, Kagan has never been a judge. Barack Obama, the man of redacted provenance who attained the presidency in a relative flash, has chosen as Supreme Court Justice a woman who has left no paper trail through which her views on case law can be determined.
Fortunately, her college thesis, recently obtained by RedState, may fill in some of the blanks. In her opening acknowledgements Kagan writes “I would like to thank my brother Marc, whose involvement in radical causes led me to explore the history of American radicalism in the hope of clarifying my own political ideas.”
Family involvement in radical causes may not always be a harbinger of sound judgement in a Supreme Court Justice, particularly when the influence is acknowledged warmly. Indeed, her brother’s sensibility appears contiguous with her own; Kagan practically laments socialism’s inability to get a foothold in America: “Why,” she asks, “in a society by no means perfect, has a radical party never attained the status of a major political force? Why, in particular, did the socialist movement never become an alternative to the nation’s established parties?”
One might argue that Kagan was not actually lamenting a dearth of socialist influence in America, but was merely examining, from an analytical distance, the historic difficulty socialists have had in gaining power in the US, but one might first want to mull over the conclusion of her thesis:
The story is a sad but also a chastening one for those who, more than half a century after socialism’s decline, still wish to change America. Radicals have often succumbed to the devastating bane of sectarianism; it is easier, after all, to fight one’s fellows than it is to battle an entrenched and powerful foe. Yet if the history of Local New York shows anything, it is that American radicals cannot afford to become their own worst enemies. In unity lies their only hope.
It’s hard, frankly, bordering on impossible, to believe that someone who is opposed at a heartfelt level to a certain political philosophy – whether it be Communism or Capitalism – would ever describe the non-viability of his opponents’ philosophy in the manifest, corporeal realm as being sad in any sense, or that he would ever entreaty his opponents to keep their chin up, or tell them that they “cannot afford to become their own worst enemies,” or suggest helpfully that “in unity lies (your) only hope.”
No, at the time she wrote them, hers were hopeful words. “Hope,” “change America,” the “sad story” of socialism’s decline in America – these stated views make Kagan a perfect choice for Obama, but a harmful choice for America.
The iowahawk has her credentials!
http://iowahawk.typepad.com/iowahawk/2010/05/invisible-asshole.html
It was filed under ‘invisible ass holes’, right behind Kinsella’s paperwork…
Scary..
And here we go in Canada, making sure that only eastern lawyers with lefy thinking fom big cities need apply to our Supreme Court. There will never be any one to counteract the new trend of courts creating social justice law vs. leaving that role to parliament.
She’s also the one who, as Yale president, sealed Barry’s grades & records, so we can’t find out about his record either.
This is Barry paying back his debts.
Quid pro skanky pro.
I’m a bit vague on the processes necessary before someone can be sworn in as Supreme Court judge, but I remember protracted meetings during which the candidate was quizzed on every topic under the sun by members of Congress. Does it eventually come down to some sort of vote? Or does Obama simply give her the robe and put her on the bench?
Slightly off topic but as Obama and Kagan seem to want to do nothing about illegal aliens this post from a Sarah Palin site seem appropriate and fits in with ET’s message.
“You have two families: “Joe Legal” and “Jose Illegal”.
Both families have two parents, two children, and live in California.
Joe Legal works in construction, has a Social Security Number and makes $25.00 per hour with taxes deducted.
Jose Illegal also works in construction, has NO Social Security Number, and gets paid $15.00 cash “under the table”.
Ready? Now pay attention…
Joe Legal: $25.00 per hour x 40 hours = $1000.00 per week, or $52,000.00 per year. Now take 30% away for state and federal tax; Joe Legal now has
$31,231.00.
Jose Illegal: $15.00 per hour x 40 hours = $600.00 per week, or $31,200.00 per year. Jose Illegal pays no taxes. Jose Illegal now has
$31,200.00.
Joe Legal pays medical and dental insurance with limited coverage for
his family at $600.00 per month, or $7,200.00 per year. Joe Legal now
has $24,031.00.
Jose Illegal has full medical and dental coverage through the state and local clinics at a cost of $0.00 per year. Jose Illegal still has $31,200.00.
Joe Legal makes too much money and is not eligible for food stamps or welfare. Joe Legal pays $500.00 per month for food, or $6,000.00 per
year.. Joe Legal now has $18,031.00.
Jose Illegal has no documented income and is eligible for food stamps and welfare. Jose Illegal still
has $31,200.00.
Joe Legal pays rent of $1,200.00 per month, or $14,400.00 per year. Joe Legal now has $9,631.00.
Jose Illegal receives a $500.00 per month federal rent subsidy. Jose Illegal pays out that $500.00 per month, or $6,000.00 per year. Jose Illegal still has $ 31,200.00.
Joe Legal pays $200.00 per month, or $2,400.00 for insurance. Joe Legal now has $7,231.00.
Jose Illegal says, “We don’t need no stinkin’ insurance!” and still has $31,200.00.
Joe Legal has to make his $7,231.00 stretch to pay utilities, gasoline, etc.
Jose Illegal has to make his $31,200.00 stretch to pay utilities, gasoline, and what he sends out of the country every month.
Joe Legal now works overtime on Saturdays or gets a part time job after work.
Jose Illegal has nights and weekends off to enjoy with his family.
Joe Legal’s and Jose Illegal’s children both attend the same school. Joe Legal pays for his children’s lunches while Jose Illegal’s children get
a government sponsored lunch. Jose Illegal’s children have an after school ESL program. Joe Legal’s children go home.
Joe Legal and Jose Illegal both enjoy the same police and fire services, but Joe paid for them and Jose did not pay.
Do you get it, now?
If you vote for or support any politician that supports illegal
aliens…
You are part of the problem!”
I believe Obama senses a conservative or GOP landslide in the next set of elections and is ensuring as much as possible that neo-Liberals remain in positions of power.
This appointment illustrates a major flaw in the SC selection/appointment process, though. Only in extremely rare and exceptional cases should a SC judge be appointed without, say, 10 years of experience behind the bench.
Elena Kagan has far less practical legal experience than Harriet Miers did and the MSM is cooing and drooling over Kagan’s appointment. Miers got a thrashing. I think Alito was a much better choice than Miers, however. Surely there must be a better choice for one of the most powerful positions in the U.S. government.
I have no problem with the tone of her thesis – “if you’re not a socialist at 20, you have no heart” – the problem is that nothing she’s done since then repudiates it. “If you’re still a socialist at 40, you have no brain.
Looks like not a lot of brain hanging around DC right now, she’ll fit right in!
Kagan has the same record Obama had when he ran for President. No wonder he can relate to her.
Kegan is compromised. She’s blackmail bait. That and the fact she’s never sat on the bench makes this such a bad idea the cat calls of homophobe and racist are the lesser evil for GOP stopping this.
Kagan, Obama, and the Harvard Legacy of Literary Fraud
American Thinker
I have a few posts on Ms. Kagan at my place. Barry, as expected, is packing the court with communists. These two picks of his will vote Communist Party line no matter what the US Constitution says.
On the other hand, we see small counties and towns in up-state Noo Yawk passing ordinances that make English the official language that county/town business will be conducted in. People are not buying it.
Now is the time for the Republican party to either strap on a pair and prove they are worth voting for in November, or admit they’re DemocRat Lite RINOs and get the hell out of the way before they get run over. The Tea Party will no doubt provide some new people happy to make boot prints on RINO backs.
I foresee an interesting Republican Convention this year. Kinda like the 1968 DemocRat convention but in reverse, where the hippies get tossed out into the street instead of taking over the party.
EBD,
Well written as are all your posts.
Thanks,
Kinda like the 1968 DemocRat convention but in reverse, where the hippies get tossed out into the street instead of taking over the party.
Er.. what 1968 convention did you watch? I watched in horror as the brutal Chicago police smashed unarmed teenagers with clubs and sprayed them with tear gas. I hold no brief for the SDS, but to suggest they took over the convention is revisionism at its best.
I was only twelve, but I realized then that the future for a libertarian like me was going to be striving to find a niche between dumb as posts socialists like the SDS, and jackbooted Farcists (sic) who seek to control without the faintest glimmer of understanding either. It ain’t working out very well, so far.
Outrageous, yet somehow fitting. BHO is not exactly qualified; being a glorified community organizer and quite possibly ineligible, if the birthers are correct. Personally, I’d like to Judge Judy given the job.
I have a few posts on Ms. Kagan at my place. Barry, as expected, is packing the court with communists.
– The Phantom
I find myself wondering if this gives ET any cause to re-think her contention that Obama is not an ideologue. This appointment, as well as so many earlier ones, and his failure to move toward the centre (like Clinton did) when his and party popularity plummeted, strike me as proof positive that he’s one of the most ideological presidents in US history. And of course he’s the very product of a crazy ideology: affirmative-action-racism.
Well written as are all your posts.
Hear! Hear!. Meant to mention this in mine above.
May I cite this one particular EBDism:
Barack Obama, the man of redacted provenance who attained the presidency in a relative flash.
I’ll only say this ‘cos I know EBD isn’t the blushing type, but that’s sheer brilliance.
MND, you assume that Barry calls the shots. Or that he even -wants- to call the shots.
I doubt it. He wants to swan about and enjoy the perks of office, he personally doesn’t really seem to care what policies are enacted. Healthcare bill being an example, I guarantee Barry doesn’t know what’s in there. He couldn’t possibly know, its three or four Toronto phone books long.
It isn’t important to him. What’s important is that it is called Obama’s Health Care Reform.
Whoever told Barry that Kagan is a good pick, -that’s- the guy who worries me. Barry’s a speech reader, he doesn’t sweat the small stuff. Like what’s actually -in- a bill.
You know, if you want some /actual/ information about Kagan, rather than cheesy cliches about Obama’s socialist takeover, the excellent folks at the Volokh Conspiracy have been doing a great job keeping track of her record: http://volokh.com/category/judicial-nominations/kagan-nomination/
Unless, you know, you prefer soundbites over facts, then you can just ignore that.
When small men begin to cast big shadows, it means that the sun is about to set……
Lin Yutang
The bewilderment they all feel about why socialism has not taken hold in America is precisely what has prompted them to hide their true beliefs beneath a paper-thin veneer of populist politics.
All of their socialist ambitions remain completely intact, yet they have chosen to enter back doors, like thieves in the night. They alter the colors of their exterior integument like chameleons. They’ve taken a covert, incremental approach of euphemisms to achieve their goals.
Who really believes they’ve moderated their once-proudly-held radical beliefs when they appoint contemporary radicals to positions of authority too obscure for most Americans to notice?
Aside from being radicals, people like Kagan and Janet Yellen have academic publication records so thin one should wonder how they ever managed to get tenure at the top-rated research institutions in America. Their records wouldn’t get them tenure at Tier 3 colleges in Arkansas.
NauticalMongoose, You mean stuff like this?
phantomsoapbox.blogspot.com/2010/05/packing-court-shockah.html
or
phantomsoapbox.blogspot.com/2010/05/packing-court-shut-uppery.html
That alone is enough for me. Some of us can tell sh1t from shinola, we had special lessons in the military.
You need more, just wait a day or two, I’m sure more will be forthcoming. I note David Kopel’s more exhaustive examination differs not at all from my cursory one. Some things are just too obvious to need much digging. If Barry nominated her, she’s guaranteed bad news.
Kagan involved in the Citizens United case that prevented a movie about Hillary Clinton from being shown on TV- the special interest group referred to was conservatives:
http://en.wikipedia.org/wiki/Citizens_United_v._Federal_Election_Commission
Below is the official email communication from Joe Biden to Obama supporters on Behalf of BHO for the appointment of Kagan:
This week, when the President first told me he’d chosen Elena Kagan to serve on the Supreme Court, I couldn’t help but smile. I had a chance to interview many great candidates, but Elena stood out. I met her nearly 20 years ago, when she took a break from teaching to join my staff in the Senate. She helped us confirm Justice Ruth Bader Ginsburg, and even then, it wasn’t hard to picture a day when we’d be helping Elena prepare for confirmation hearings of her own.
Since that time, I’ve followed her career, and today, I believe Elena Kagan is an inspired choice for the Supreme Court.
Throughout her career, she’s been a trailblazer, breaking glass ceilings in both academia and government. She’s been a consensus-builder, earning praise for her work with Republicans in the Clinton White House and her support for the free exchange of ideas as the dean of Harvard Law. She’s flat-out brilliant, easily one of the best legal minds I’ve ever met. But most importantly, she’s also someone who understands that the application of the law holds real consequences for Americans in all walks of life.
Now her nomination goes to the Senate. I’ve been through this process more than once, and I’ve learned that the success of any nomination is strongly influenced by the public response in the first few days.
Will you stand with the President and me to support Elena Kagan? Sign on to help us show that the American people back her nomination.
As a young attorney, Elena clerked for Justice Thurgood Marshall. She often calls him her hero. Now, she’s following in his footsteps as the Solicitor General of the United States, the chief legal advocate for our government. If Justice Marshall were with us today, I’m sure he’d be proud of the clerk he used to call “Shorty.”
To see why, look no further than her role in the Citizens United case. It was a legal battle that most experts agreed would be impossible for the government to win. But as Solicitor General, Elena chose this as her first case. She recognized that rolling back bipartisan election law would allow special interests to dominate campaigns across the country and drown out the voice of the American people. Though she knew she’d probably lose, she chose to make it her fight all the same. That’s character.
That kind of decision defines Elena’s career. With her resume, she’s had no shortage of lucrative opportunities. But her parents were both public servants — her mother a school teacher and her father a housing lawyer who fought for tenants’ rights — and she has always followed their example. Like her dad, she’s used her legal knowledge to serve others, and like her mom, she’s been an educator, working to pass her knowledge on to another generation. Now, it’s time to bring that heartfelt, principled commitment to the Supreme Court.
In these crucial early days, help us show that public support for this extraordinary nominee is overwhelming:
http://my.barackobama.com/supportkagan
Thank you,
Vice President Joe Biden
And now the WH says nobody can interview the brother.
Funny, I didn’t know they needed a permission slip.
Mark Levin had a good program on her yesterday.
Kagan is an Obama political plant who has a serious case of Obama worship. He’s her hero. They want this personage on the highest Court?
http://www.marklevinshow.com/sectional.asp?id=32930
ET, come home. You were right all along about Obama. Help, what do we do now. If it all unfolds as you predicted we are in serious trouble.
For all the fans of the US consitution. The POTUS gets to pick the Supreme Justices. With if I recall only the advice of the Senate. Its his pick. For better or worse. I don’t think the Senate can block any of his picks. Can only make it cost him too much in political capital