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Obama Pick Elena Kagan As Supreme Court Nominee


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During her confirmation hearing [for Solicitor Gengeral], Elena Kagan, said that someone suspected of helping finance Al Qaeda should be subject to battlefield law — indefinite detention without a trial — even if he were captured in a place like the Philippines rather than in a physical battle zone.

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Very interesting. Basically picking a fight with the republicans by nominating someone without previous service as an appelate judge. Oriin Hatch quashed her nomination in 1999 to a circuit court. I don't have any idea of her sexuality, but if she is openly lesbian, I see a huge fight ahead for her confirmation, right or wrong.

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Never been a judge? Don't like. Someone who has never been a judge has never had to come out on the record of what they beleive the law is, and I think that is a terrible thing to have in a SC nominee.

Here are the few things I have been able to dig up on her:

  • Pro death penalty.
  • No constitutional right for gays to marry.
  • Taliban prisoners @ Bagram have no constitutional protection.
  • DADT is isn't constitutional.
  • Agrees with Heller decision.

Seems pretty conservative for an Obama nominee. My guess is that he wants someone who is at least moderate confirmed before the Nov elections, when he thinks the republicans will take control of at least one of the chambers, at which point he wouldnt be able to get anyone through that wasn't right of Roberts.

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Never been a judge? Don't like. Someone who has never been a judge has never had to come out on the record of what they beleive the law is, and I think that is a terrible thing to have in a SC nominee.

Here are the few things I have been able to dig up on her:

  • Pro death penalty.
  • No constitutional right for gays to marry.
  • Taliban prisoners @ Bagram have no constitutional protection.
  • DADT is constitutional.
  • Agrees with Heller decision.

Seems pretty conservative for an Obama nominee. My guess is that he wants someone who is at least moderate confirmed before the Nov elections, when he thinks the republicans will take control of at least one of the chambers, at which point he wouldnt be able to get anyone through that wasn't right of Roberts.

This actually cuts both ways, though. There are numerous examples of Republican Presidents nominating a justice who they think is conservative, only to find out that once appointed, they voted with the liberal block on the court.

It sure would be nice for this to work in the other direction for a change, not that I have much hope of that. Kagan's path to the nomination mostly resembles WIlliam Rehnquist's path. Rehnquist was appointed by Nixon and was a rock-solid conservative on the court throughout his time there. I expect Kagan to be a rock-solid liberal for the next 25 to 30 years on the court.

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Being appointed to the SC without serving as a judge ever is a bit strange to me. Seems to me that in order to play professional football most people have to have played football before...However, as the dean of Harvard Law I think that she would have a good amount of knowledge on the subject at hand.

We don't know her opinions on much through anything but interviews and etc. and she has no track record to speak of to help aid people in getting a handle on who she is an how she would conduct herself in that office. That makes me nervous. I am happy to read about her in regards to her reported stances stances on issues, they seem contrary to the administrations opinions in many ways, perhaps thats a good thing.

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Kagan's path to the nomination mostly resembles WIlliam Rehnquist's path.

Reminds me of one of the most surprising things I've ever read about a government official: Drugs are bad, mmmkay?

I still can't believe that story is legit, but it is. Our former chief justice used to be a hallucinating junkie who couldn't even speak straight.

After a DECADE of drug abuse AS A SUPREME COURT JUSTICE, he still got confirmed as chief just a few years after kicking the habit. It's almost mind boggling.

Somehow, I think that if Sotomayor or Alito were tweakers with meth-mouth, we'd have made an issue of it.

As much as the hyper-politicized confirmation process may suck (on both sides)... Hopefully we've stepped up our screening criteria since Rehnquist's last trip before the Senate.

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Reminds me of one of the most surprising things I've ever read about a government official: Drugs are bad, mmmkay?

I still can't believe that story is legit, but it is. Our former chief justice used to be a hallucinating junkie who couldn't even speak straight.

After a DECADE of drug abuse AS A SUPREME COURT JUSTICE, he still got confirmed as chief just a few years after kicking the habit. It's almost mind boggling.

Somehow, I think that if Sotomayor or Alito were tweakers with meth-mouth, we'd have made an issue of it.

As much as the hyper-politicized confirmation process may suck (on both sides)... Hopefully we've stepped up our screening criteria since Rehnquist's last trip before the Senate.

Well, since Kagan is from the opposite side of the political spectrum, yet still following Rehnquist's path, I see a ritalin addiction in her future.

Edited by UNT90
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Get this (I just heard this tidbit but haven't confirmed), know what Kagan's thesis was on? The socialist movement.....or something like that. Perfect pick for Obama.

Then why mention it? Outside of getting in another red meat buzz-word. Lesbian is already in the record here (though UNT90 was not advocating it, just pointing out that it will be used by some, right or wrong). All these 'heard tidbits' do is whip up a frenzy that makes any reasoned analysis of her record, writings, and career mute in the face of pro and anti partisan histrionics.

Edit: Beat me to it CMJ, and with better research I hope. Of course, we must always, always hold people to crap they said when they were younger, right?

Writing stuff decades ago sucks

Edited by Shuke-D
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Then why mention it? Outside of getting in another red meat buzz-word. Lesbian is already in the record here (though UNT90 was not advocating it, just pointing out that it will be used by some, right or wrong). All these 'heard tidbits' do is whip up a frenzy that makes any reasoned analysis of her record, writings, and career mute in the face of pro and anti partisan histrionics.

Edit: Beat me to it CMJ, and with better research I hope. Of course, we must always, always hold people to crap they said when they were younger, right?

Writing stuff decades ago sucks

It is very clear...to those of us paying attention...that she wrote that thesis with the intent of furthering the decline of America in 2010.

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It is very clear...to those of us paying attention...that she wrote that thesis with the intent of furthering the decline of America in 2010.

I knew one day we would agree politically!

Actually, I'm just against another ugly liberal female on the court. Isn't Vader-Ginsburg and Sotomayor more than enough in the ugly catagorie? I think Sarah Palin would be a fine nominee. At least one of the 3 would be attractive, plus it would quell any desire she has to run for president (which can only help the conservative movement).

These women represent our country, for goodness sakes!!!

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Then why mention it? Outside of getting in another red meat buzz-word. Lesbian is already in the record here (though UNT90 was not advocating it, just pointing out that it will be used by some, right or wrong). All these 'heard tidbits' do is whip up a frenzy that makes any reasoned analysis of her record, writings, and career mute in the face of pro and anti partisan histrionics.

Edit: Beat me to it CMJ, and with better research I hope. Of course, we must always, always hold people to crap they said when they were younger, right?

Writing stuff decades ago sucks

And from further reports, it is pretty much common knowledge among the Washington elite that she has a female partner. I really don't think this is a big deal, as long as she hasn't been a public advocate for gay issues ( which she doesn't appear to have been).

If only she were hot...

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And from further reports, it is pretty much common knowledge among the Washington elite that she has a female partner. I really don't think this is a big deal, as long as she hasn't been a public advocate for gay issues ( which she doesn't appear to have been).

If only she were hot...

The White House is vehemently calling any allegations of her being a lesbian "a lie". They might want to be careful about taking such a firm stance. She advocates gay issues, she is unmarried, and the rumors have swirled for years.

Personally, it's not a big deal to me. My concern with any Supreme Court nominee is to interpret the law and not push social agendas. This nomination greatly concerns me because of her complete lack of experience as a judge.

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The White House is vehemently calling any allegations of her being a lesbian "a lie". They might want to be careful about taking such a firm stance. She advocates gay issues, she is unmarried, and the rumors have swirled for years.

Personally, it's not a big deal to me. My concern with any Supreme Court nominee is to interpret the law and not push social agendas. This nomination greatly concerns me because of her complete lack of experience as a judge.

I don't find that to have been a big drawback for Rehnquist (whom I consider a good Chief Justice although he held much more conservative views than me) or, going further back and further left, Louis Brandeis or Harlan Fiske Stone. I do want to see what she has to say; one thing about those gentlemen I mentioned is that they forthrightly expressed strongly held beliefs on controversial issues. In other words, what does she believe, what stands has she taken, and how would that inform her judicial thought process?

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