Elena Kagan’s Senate Circus

Posted on August 4, 2010. Filed under: Politics | Tags: , , , , , |


Where to begin?   The Judiciary Committee hearings were riveting.  Yes,  I was one of the few who chose to watch the saga fully on television!   Many traits emerged about the candidate quickly, under the barrage of questions from the Senators.  She was intelligent.  Ms. Kagan proved herself to be adept at sidestepping difficult questions, and watering down what should have been straightforward answers.  Her career was exemplary.   She was the President’s choice.

Ms. Kagan’s nomination moved out of committee and to the final step of confirmation on the basis of a single Republican vote joining with the chorus of Democrats.  The Senator was Lindsey Graham.   What is remarkable about this?  The evidence discussed in the hearing pointed to a couple of disturbing facts.  Ms. Kagan objected to the Don’t Ask/Don’t tell policy which was a law passed by Congress of the United States.    Her effort to make a political point at the expense of the US military, and in defiance of clear federal law passed by the Congress, called into question her willingness to be governed by that  law.  Her history showed a lack of respect for the law and the men and women of the military through actions she took as the Dean of Harvard.  There was also some questionable conduct with regard to the partial birth abortion decision under former President Bill Clinton.

The Senate Floor proved to be more exciting than the committee hearing.  Senator Jeff Sessions opened the floor speeches about Ms. Kagan.  There were several key points about how she had caused problems for the military while Dean at Harvard.  The most important points were about how far she would go to “win”.  Her actions while serving under President Bill Clinton on the issue of partial birth abortions resulted in an acceptance of this medical procedure.  Just today,  this writer received an email stating Ms. Kagan is being brought up on ethics charges by a non-partisan Justice group regarding her involvement with the partial birth decision.   Repeatedly her actions in the past positions have exhibited she will use everything humanly possible to further her own beliefs. 

Everyone knew she was a progressive.  However, when the question was delivered, “Ms. Kagan, do you view yourself as a legal progressive”?  She feigned ignorance of what this meant.  This is a very articulate smart woman.  No matter how them tried to ask the question (in a multitude of ways),  Ms. Kagan pretended to be baffled.  Several of her references were quoted as saying she was a brilliant legal progressive. Still, Ms. Kagan did not waver on playing dumb.   Does anyone else find this disturbing?   We have a woman of obvious clarity and intelligence who is interviewing for the highest job in the land, and she will not answer a very straightforward question.

Senator John Cornyn’s remarks were both powerful and succinct.  He clearly stated the problem in front of the US Senate.  Elena Kagan has demonstrated her inability to simply interpret the laws of the land.  They are colored by her own opinions.  The American Standard is of a blind and impartial justice.   Her “hero” in the judiciary is a Judge Barak in Israel who is known for being one of the most radical judges of them all.  Judge Barak charts new territory based upon law + bias + social issues.   She will be likely to legislate from the bench (based upon the past).   There are grave concerns about her ability to transform and be able to interpret decisions based upon the constitution.

How can a woman be given a lifetime job, who has never been a judge, and who has a history of challenging laws in prejudicial manners?  How can the American people have faith in a Supreme Court, when at least this one will not be able to judge based upon the laws of the land?  This is yet another example of the Federal Government being out of control.   We expect a liberal judge nominee from a liberal President.  However, we would expect one who has a substantial experience, and a history reflective of a person who supports the laws of the land. 

With extreme disbelief I listened to absolute drivel from Senator Lindsey Graham of South Carolina.  He cautioned his peers to not be political on the decison.  In fact, it sounded as though he was chastising the Republicans who had offered opinions based on the facts.  The Senator referred to a Federalist Paper by Alexander Hamilton which talked about this type of nomination.  The Federalist document basically said this is a Presidential choice and unless the person is unfit, they should support the President.    Senator Graham tried to say the Republicans were simply being political.   Further, the Senator stated he admired her and felt her to be highly qualified.  This is a woman who has litigated for 2 years and has zero judicial experience.  Ms. Kagan’s entire career was spent in politics and academia.  Was he not paying attention in the judicial committee interview?   Her unwillingness to answer questions on her judicial philosophies indicated a political approach throughout the hearing.  She was unable to articulate any example of when she would determine a control  over the reach of the Federal Government.  This woman does not appear to understand the concept of limited government or the designated uninalienable rights to the people.  Clearly her personal politics and beliefs come first.  At one point Senator Graham reflected on how she will be an “independent” judge.   He believes the President has “earned the right” to  have whomever he wants for the Supreme Court Job.  Further the Senator stated the only way to say no, is if she is not worthy of the job.   The Senator is incorrect in his assumptions and conclusions.    The single most laughable point he made was in his hopes this would be quid pro quo with the Democrats in the future.  What a joke!   He is attempting to say this yes vote of his will be a bargaining chip for democratic support in the future?   It is unconscienable that this woman should ever have been solicitor general of the US, much less be given the ultimate lifetime job.   There is one thing very clear about Senator Graham.  He does not love America, the constitution, or her people.

About halfway through this, Senator Reid appeared on the floor and threatened a potential cloture vote.   There has been no indication of a filibuster, and he placed this over the Republicans’ heads.  Who puts politics before honor and why?  Senator Lindsey Graham and Senator Harry Reid appear to be very much alike……..something to think about.

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One Response to “Elena Kagan’s Senate Circus”

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A federal judge just ruled California’s Prop 8 as unConstitutional, another has watered down Arizona’s law to stop illegals, a few years back the Supreme Court ruling made it legal for a govt. to take private property and give it to a citizen, just a few outrages caused by progressives in high court offices. the Republican form of government created our Founding Fathers will be gone in less than 5 years. The USA as we know it is DEAD.


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