Huh, what a shocker!




  1. gmknobl says:

    But Kagan isn’t. What’s your point?

  2. Colonel Panic says:

    Blank slate…Obama and Kagan.

  3. Colonel Panic says:

    When did Horatio Sans get into politics?

  4. Olo Baggins of Bywater says:

    Given the rhetoric that came from the right before Miers withdrew, this is pretty tame. Besides, the same standard applies to Kagan, too.

    bfd

  5. chuck says:

    You don’t get it. Criticism that was applied to Bush and the Republicans cannot be applied to Obama and the Democrats.

    That’s change you can believe in.

  6. McCullough says:

    #4. So, it bothers you when we point out inconsistencies in a politician….

    I get it.

  7. The Aberrant says:

    “Criticism that was applied to Bush and the Republicans cannot be applied to Obama and the Democrats.”

    One cannot conflate Myers and Kagan, or even begin to suggest that they’re in the same boat, but for the fact that neither of them has ever been a judge. Had Obama said simply “the lack of judicial record”*, then I could see the above as valid criticism. But his statement is lack of constitutional work: Kagan is not only solicitor general, which requires her to at least visit the Supreme Court every once in a while, but she’s quite an accomplished Constitutional scholar in her own right.

    *Shame of Obama to actually use this language, however. As a Constitutional scholar, he should know that some of our most respected justices never sat the bench before their nomination to the Supreme Court.

  8. Ah_Yea says:

    I consider myself a conservative, and from all I hear about Kagan, I really like her.

    One HUGE point in her favor is her opposition to an out-of-control executive branch. (As in Bush-Cheney).

    She argued repeatedly that the executive branch EXECUTES the law while Congress WRITES the laws, with the judiciary JUDGING according to the law.

    What a shocker!!

    Here is a great article about this. Just skim through the first couple paragraphs to get to the meat.
    http://huffingtonpost.com/lawrence-lessig/ok-so-now-im-a-liar_b_571974.html

  9. jerry says:

    She looks like James Spader.

  10. spsffan says:

    Does Kagan look like a female Fred Flintstone or what?

  11. Conrad S. Bane says:

    @McCullough (#6)

    You haven’t pointed out an inconsistency yet. I’m not saying there aren’t any – I’m sure there are all kinds of things that Obama the Senator said that are inconsistent with Obama the candidate/President – but there’s no inconsistency here. As has been noted, Bush took heat from conservatives for the Myers nomination, and rightly withdrew it due to her utter lack of qualifications, on so many levels. You might not like Kagan, but you can’t deny she has the constitutional bona fides required of the job. Besides, just about everyone who follows the Court was hoping for a non-jurist to be nominated – otherwise we’d have (for the first time in history?) a SC made up entirely of former federal judges, which is undesirable for many reasons.

  12. Gilgamesh says:

    I was a Republican for a long time. The Harriet Meyers nomination really got me thinking for the first time about leaving the party. Kagan is not even close to being as vacuous a nominee as Meyers was. Not even close.

    #10 & #9 – I think she could be Larry Summers’ little sister.

  13. bobbo, are we Men of Science, or Devo? says:

    Isn’t the truth that “no one” knows how anyone will perform when exalted to the Sup Ct. The position tries a person’s soul. They live with the responsibilities and consequences. Not much cover with excuses, finger pointing, or blaming other parties. Exposed. Sometimes that works for good, sometimes for ill.

    I don’t spot any inconsistency yet. All Obama said was that someone without a record needed to be more forthcoming? (I only half listened once because of the metamorphosis that takes place making “all” discussion mostly BS)

    If someone is qualified on paper and is proposed by the Presdent, I say vote confirmation. Sleezballs like Roberts will lie to any question that anyone wants to lock down to begin with so the total process is Kabuki Theater.

    Boring.

  14. Robart says:

    I think she looks like a Mike Myers character.

  15. Robart says:

    PS I agree with Boobo errr Bobbo.

  16. bobbo, the evangelical anti-theist says:

    Thank you Robart but I want to edit my post.

    It is boring because it is Kabuki Theater. Questions asked without the expectation of any real answer. Questions asked when its known that answers are inappropirate. Yes all Theater. Kabuki Theater in fact. Meaning nothing but the precision of the moves. If it was dancing, it would be the Hula. But its Theater.

    I should have said: “Its insulting.”

  17. dusanmal says:

    @#8 “I consider myself a conservative, and from all I hear about Kagan, I really like her.

    One HUGE point in her favor is her opposition to an out-of-control executive branch. (As in Bush-Cheney).

    She argued repeatedly that the executive branch EXECUTES the law while Congress WRITES the laws, with the judiciary JUDGING according to the law.”

    Nice. Now, let’s see her written opinion on freedom of speech, for example… From 1990’s. If Govt. doesn’t like some speech Govt. is allowed to “unskew” it by running intentional SKEWED propaganda as well as to block the above mentioned free speech using powers of above mentioned executive branch… In other words, she’d be at home at Chavez administration in Venezuela.

    @#1 She is blank slate without a single judicial opinion. Because she never have been a judge of anything. Placing her at Supreme Court is equivalent of placing head of Medical School who never practiced as a doctor as a neurosurgeon. Because of the experience in administrative managing neurosurgeons. Insanity. There are plenty Leftist Judges to pick from who at least know what they are doing. Enough of Community Organizers (which she essentially is).

  18. brm says:

    I quit trying to figure out if I like her after hearing that she supports immunity for federal prosecutors who fabricate evidence.

    Everything else is irrelevant, as far as I’m concerned.

  19. bobbo, are we Men of Science, or Devo? says:

    brm–you heard that? You can read about it here:

    http://csmonitor.com/USA/Justice/2009/1103/p02s18-usju.html

    OUTRAGEOUS!!! Of course, only a qualified immunity should be allowed, otherwise, prosecutors become “above the law.” Not a good thing especially as they often confuse the cases they bring with their tangential political interests.

    Still–was she acting on orders ((always the case)) or evidencing her own beliefs ((if so, only a coincidence)).

    Don’t be so simple minded.

  20. Dirk Thundernuts says:

    That is one ugly guy!

  21. Alf says:

    Only the flawlessly beautiful bloggers should throw the first stone. We are judgmental (pun) beings and she is not attractive but may be that is OK. It might better to have an evenhanded goodhearted intelligent justice than an attractive knucklehead.

  22. bobbo, we think with words says:

    How could a flawlessly beautiful blogger have any more or less valid opinion about attractiveness than anyone else? Silly notion.

    “Beauty is truth, and truth beauty. That is all ye know, and all ye need to know.”

    I can only quibble thereafter. I don’t think an intelligent justice should be evenhanded if the issues are lopsided?

  23. Oprah - We ARE Men and WOMEN of Science AND Emo says:

    I find her perfectly suitable for the post. It will be good to have our first Down’s Syndrome Justice.

  24. Buzz says:

    Is that a picture of Dvorak in drag?

  25. Buzz says:

    There is no story here.

    Why is McCullough posting this?

    Are we to be treated with every well-modulated sound byte?

    That’s the real meta-issue here. Does a good sounding voice equal good logic or good ideas?

    This is what the right does. It banks on pretty people with well-modulated voices. As if those were qualities that Actually Counted.

    Mitt Romney, John Boehner, Sarah Palin, for instance. All vain. All less than ace minds.

    For Dvorak, it’s Curry. Same standard.

    The left has its pretty losers too (Edwards). But, to their credit, Democrats are less chosen for vocal or light-reflecting aesthetics.

    Would Kagan be Much Better Qualified if she looked like Palin? That’s perfectly in keeping with Republican-ism and Tea Bagger-ism as it is practiced on the conservative right.

    Aside: check something the conservative right actually conserves:

    A. The Environment.
    B. The Value Of Money.
    C. Human Health.
    D. American Fairness.
    E. Surplus Treasure.
    F. Fair Tax Distribution.

    Sorry to have wandered here, but there is a meta story under the non-story here that seems to have been a last straw of some sort.

  26. Buzz says:

    Just to be extra clear:

    ALL supreme court nominees deserve maximum grilling. No matter who.

  27. bobbo, we think with words says:

    Buzz–be relevant as well as extra clear: grilling to what point? to establish what “facts?”

    Grandstanding with a purpose is oxymoronic.

  28. brm says:

    #19 bobbo:

    I think some of the meaning of our posts is being lost in translation to the internet.

    Her support of immunity makes me *not* like her.

    Do you think that’s bad too? I’m not being a jerk, I just really can’t tell from your post.

  29. brm says:

    #25 buzz:

    “This is what the right does. It banks on pretty people with well-modulated voices. As if those were qualities that Actually Counted.”

    What planet do you live on?

    Did you miss that big election we just had between the youthful, shirtless, most-powerful-orator-since-Churchill and the old guy with the bum arm who was about-to-die-any-minute!

  30. bobbo, we think with words says:

    brm–I agree with you that prosecutors should not have absolute immunity, only a qualified immunity. The same issues arise with judges too with all the same issues. A closer question might be absolute immunity from PRIVATE lawsuits but full criminal liability in prosecutions upon complaint brought by other prosecutors. I think that is the law right now in fact, just not firm because it only happens once every 90 years. I think a few might be forced to resign and mum’s the word. Civil lawsuits allowing for $$ awards is aimed at people who are personally motivated to bring lawsuits==unlike other civil servants who are motivated NOT to bring such lawsuits. OTOH, as you well know, openning up the legal system to lawsuits for negligence could be a real damper on bringing the hard cases or keeping the hard cases going against rich/powerful defendants which is already a tough nut as it is.

    So, pro’s and con’s no matter what we do.

    SEPARATE from the above is anyone arguing either side as part of their job/assigned tasks. As I posted–you/we don’t know what Kagan’s personal views are on the subject JUST BECAUSE she argued one side in a legal brief.

    Regardless, since absolute immunity is the law in most places==why be a single issue evaluator on such a secondary issue?==one that affects only a few people. More important would be her views on broader questions that affect millions of people.

    We can both think of many more impactful important issues===but we will never know her personal opinions on those. Neither will we/ and perhaps even herself, know how we would actually rule on a specific fact pattern even when general leanings are revealed.

    Judges are trained to change their minds when facts are changed. They are religious about that dogma, spouting it whether they believe it or not, and then over time, the dogma takes over, they grow into office.

    Dogma is dangerous. Religion is full of it. Liebertards know nothing else.


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