PDA

View Full Version : Elena Kagan--Next Supreme Court Justice?




amy31416
04-10-2010, 07:18 AM
She's starting to look like a front runner, and so I've been reading up a bit on her. She is allegedly "conservative" (whatever that means anymore.)

http://voices.washingtonpost.com/44/2010/04/elena-kagan-supreme-court-just.html?wprss=44



Elena Kagan, Supreme Court justice? Everything you need to know

Elena Kagan is one of the country's top constitutional and administrative law scholars. After years of working as a professor, Kagan became the Harvard Law School dean in 2003. She is the first woman to hold the office of solicitor general in the Justice Department, often referred to informally as the "10th justice." The solicitor general argues for the government in front of the Supreme Court.

Kagan has a distinguished resume that includes stints as a professor of constitutional and administrative law at both Harvard and Chicago and four years in the Clinton administration.

New Yorker legal reporter Jeffrey Toobin predicted in March that Kagan would be the next Supreme Court justice. SCOTUSblog's Tom Goldstein agrees.

So what could we expect from Justice Kagan? Salon's Glenn Greenwald argues that Kagan would move the court to the right:

When President Obama chose Sonia Sotomayor to replace David Souter, that had very little effect on the ideological balance of the Court, because Sotomayor was highly likely to vote the way Souter did in most cases. By stark contrast, replacing Stevens with Kagan (or, far less likely, with Sunstein) would shift the Court substantially to the Right on a litany of key issues.

Greenwald points to the bipartisan warmth towards Kagan as a sign that she's far more centrist than Stevens.

The conservative Weekly Standard, however, argued in 2009 that Kagan has "radical roots" -- based on her undergraduate thesis, "To the Final Conflict: Socialism in New York City, 1900-1933."

"Her political sympathies (at the time) seem quite clear -- and radical," Michael Goldfarb concluded. And Ed Whelan at the National Review wrote disapprovingly in May on Kagan's positions on the military.

Above the Law says the most interesting thing about Kagan as a potential Supreme Court justice is her support for shareholders who want to sue companies.

And the left-wing watchdog Media Matters points out that the media praised Kagan for her intellect during the Sonia Sotomayor confirmation battle -- and wonders whether they will forget that praise in the midst of another partisan fight.

But, from her thesis, this article: http://www.weeklystandard.com/weblogs/TWSFP/2009/05/elena_kagan_radical.asp

cites some radical leftist-leanings


"In our own times, a coherent socialist movement is nowhere to be found in the United States. Americans are more likely to speak of a golden past than of a golden future, of capitalism's glories than of socialism's greatness. Conformity overrides dissent; the desire to conserve has overwhelmed the urge to alter. Such a state of affairs cries out for explanation. Why, 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?"(pp. 127)

"Through its own internal feuding, then, the SP exhausted itself forever and further reduced labor radicalism in New York to the position of marginality and insignificance from which it has never recovered. 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." (pp. 129-130)

But, she is also vehemently against military recruiting on college campuses: http://bench.nationalreview.com/post/?q=ZmRiYmMzNzZjZmQ1N2IzMTg2ZWQzODkwNDU1N2EzY2U=

Which I agree with, for the most part.


http://www.washingtonpost.com/wp-dyn/content/photo/2010/04/09/PH2010040902564.jpg
However, she looks like Chastity/Charles Bono.

Any thoughts on her as a nominee? If Obama selects her, the GOP will have a hard time arguing against it, I think.

Cowlesy
04-10-2010, 07:28 AM
"In our own times, a coherent socialist movement is nowhere to be found in the United States. Americans are more likely to speak of a golden past than of a golden future, of capitalism's glories than of socialism's greatness. Conformity overrides dissent; the desire to conserve has overwhelmed the urge to alter. Such a state of affairs cries out for explanation. Why, 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?"(pp. 127)

"Through its own internal feuding, then, the SP exhausted itself forever and further reduced labor radicalism in New York to the position of marginality and insignificance from which it has never recovered. 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." (pp. 129-130)

Oh good grief.

*sighs*

She sounds just fantastic. Another left-wing radical on the highest court in the land.

amy31416
04-10-2010, 07:32 AM
Oh good grief.

*sighs*

She sounds just fantastic. Another left-wing radical on the highest court in the land.

Yeah. And she's being touted as a "conservative." I'm not seeing yet why she's considered one.

JosephTheLibertarian
04-10-2010, 07:40 AM
Oh good grief.

*sighs*

She sounds just fantastic. Another left-wing radical on the highest court in the land.

Wouldn't make a difference. As you know, she would be replacing another left-wing socialist. Why use the word radical? Is statism really all that radical? Look at the course of human history and you will find that their beliefs are as ancient as Justice Stevens himself. :D

lester1/2jr
04-10-2010, 07:44 AM
on the news they said she was "conservative" on presidential powers, meaning she favored MORE of them.

I'm totally serious unfortunately

JosephTheLibertarian
04-10-2010, 07:45 AM
on the news they said she was "conservative" on presidential powers, meaning she favored MORE of them.

I'm totally serious unfortunately

you must be watching msnbc or cnn :)

lester1/2jr
04-10-2010, 08:08 AM
it was ABC. I'm think FOX would agree don't you? They employ almost the entirety of the Bush adminstration as commentators

JosephTheLibertarian
04-10-2010, 08:10 AM
it was ABC. I'm think FOX would agree don't you? They employ almost the entirety of the Bush adminstration as commentators

Liberals aren't your friends, bro.

amy31416
04-10-2010, 08:11 AM
on the news they said she was "conservative" on presidential powers, meaning she favored MORE of them.

I'm totally serious unfortunately

Unfortunately, I don't doubt you.

lester1/2jr
04-10-2010, 08:16 AM
JosephTheLibertarian -??

and FOX is?

JosephTheLibertarian
04-10-2010, 08:18 AM
JosephTheLibertarian -??

and FOX is?

I have more friends there than anywhere else. Judge Napolitano isn't a libertarian? ha. He supported Ron Paul, and he has Rand Paul on to talk everytime he fills in for GB.

lester1/2jr
04-10-2010, 08:28 AM
well MSNBC has Buchanan. CNN had Jesse Ventura guest hosting last night.

FOX was and is the Bush channel and Bush is the one more than any who got people thinking enhanced executive powers was conservative.

CNN and MSNBC are statist but they aren't nearly as pro war as FOX and "war is the health of the state" after all

JosephTheLibertarian
04-10-2010, 08:33 AM
well MSNBC has Buchanan. CNN had Jesse Ventura guest hosting last night.

FOX was and is the Bush channel and Bush is the one more than any who got people thinking enhanced executive powers was conservative.

CNN and MSNBC are statist but they aren't nearly as pro war as FOX and "war is the health of the state" after all

Ventura is a liberal. Buchanan is a protectionist. Not my kind of guys :)

I don't think the liberal stations are anti-war now that they've got their man in the office :) Case in point. There was a huge anti-war protest in NYC recently, did they cover it? Nope. :D I wonder why. Code Pink, instead of protesting Obama's escalation of the war, they go and assault Carl Rove at his book signing event. That's very telling.

dito
04-10-2010, 08:37 AM
I wonder how this guy would be: http://specials.msn.com/A-List/Possible-Supreme-Court-nominees.aspx?cp-documentid=23837652&imageindex=8&cp-searchtext+John%20Echohawk

JosephTheLibertarian
04-10-2010, 08:38 AM
I would choose Judge Napolitano to be the Supreme Justice :D No man is more fitting for the job.

MelissaWV
04-10-2010, 08:39 AM
I was watching the same ABC broadcast. They said Kagan was a great choice because she would appeal to conservatives and liberals alike ... being conservative on executive powers (including, you know, war and stuff!) and liberal on issues like gay rights and abortion.

My response was "So, basically, she wipes her ass with the Constitution. Nice."

amy31416
04-10-2010, 08:52 AM
I was watching the same ABC broadcast. They said Kagan was a great choice because she would appeal to conservatives and liberals alike ... being conservative on executive powers (including, you know, war and stuff!) and liberal on issues like gay rights and abortion.

My response was "So, basically, she wipes her ass with the Constitution. Nice."

Fantastic. Just effing fantastic.

And she's young, relatively speaking, so she'll be there a long, long time, if appointed.

JosephTheLibertarian
04-10-2010, 08:56 AM
Fantastic. Just effing fantastic.

And she's young, relatively speaking, so she'll be there a long, long time, if appointed.

:D Go Kagan!

Danke
04-10-2010, 09:07 AM
She's starting to look like a front runner

http://www.washingtonpost.com/wp-dyn/content/photo/2010/04/09/PH2010040902564.jpg
However, she looks like Chastity/Charles Bono.


Yep, she looks like "Pat."

Slutter McGee
04-10-2010, 09:08 AM
Oh good grief.

*sighs*

She sounds just fantastic. Another left-wing radical on the highest court in the land.


Yeah. but I try not to judge people based on an undergrad thesis. I don't know how many times I promoted socialism for an A back in school.

Sincerely,

Slutter McGee

lester1/2jr
04-10-2010, 09:34 AM
Ventura is a liberal. Buchanan is a protectionist. Not my kind of guys

I don't think Napolitano's viewpoint is the most common one on FOX. Far from it, they're main goal is war with Iran and attempting to manage the Tea Party movment to suit that and other goals. I'll take Ventura or Buchanan over Karl Rove or Bill kristol that's for sure.

My guess is FOX new commentators will highlight her "conservative " appeal re: presidential powers moreseo than ABC or anyone else. the station is little more than a 24 hour sarah palin rally