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  • The End of the Beginning of the Kagan Hearing

    We didn’t hear any questioning of Elena Kagan in the first day of her confirmation hearing before the Senate Judiciary Committee, but we did get the opening statements of all of the senators on the Committee and we heard from the nominee herself. The Democrats have 12 members including the chairman, Patrick Leahy (VT), and Herb Kohl (WI), Dianne Feinstein (CA), Russ Feingold (WI), Arlen Specter (PA), Chuck Schumer (NY), Dick Durbin (IL), Benjamin Cardin (MD), Sheldon Whitehouse (RI), Amy Klobuchar (MN), Ted Kaufman (DE), and Al Franken (MN). The Republicans only have seven members, including the ranking Republican, Jeff Sessions (AL), and Orrin Hatch (UT), Chuck Grassley (IA), Jon Kyl (AZ), Lindsey Graham (SC), John Cornyn (TX), and Tom Coburn (OK).

    The battle lines were very clearly drawn. Although Kagan was not asked questions directly, we did get a lot of questioning from the Republicans about Kagan’s record as a law clerk, a political lawyer in the Clinton White House, an academic, and as Solicitor General. Based on their opening statements, we are clearly going to get questions tomorrow about her support for socialism, her ejection of military recruiters from the Harvard campus, her praise of liberal activist judges like Aharon Barak, her support for restrictions on gun ownership, her opposition to enforcement of federal immigration laws by states, her opposition to restrictions on partial-birth abortions, her comparison of our treatment of enemy combatants to a “dictatorship,” and her support for government censorship of political speech.

    On the other hand, anyone who had been stranded on a desert island without access to the news might have been excused for thinking that today’s event was actually the beginning of confirmation hearings for Chief Justice Roberts and Justice Alito, given the unending attacks mounted by the Democratic Senators on the commendable and outstanding records of these two justices.

    Anyone who got stranded on a desert island in 1995 might well have also thought that CSPAN was running an old Saturday Night Live skit when they saw Al Franken giving the final opening statement of the day as a U.S. Senator. All of the Democrats, including Franken, spent most of their time pushing the judicial activism line against the conservative justices on the Court and making many claims about past decisions that are simply not true. Their opening statements really revealed more about themselves and their unconscionable view of the unlimited power of the legislative branch, as well as their belief that the Court should decide cases not based on the law, but on who is the most “sympathetic” party in the case. Senator Feinstein certainly showed how opposed she is to the Second Amendment when she called today’s McDonald v. Chicago case “shocking.” What is shocking is her cavalier treatment of a fundamental right enshrined in the Bill of Rights.

    As Senator Cornyn said in his opening statement, it will be up to the members of the Committee tomorrow to try and determine whether Kagan “would move the Supreme Court in a traditional or activist direction.” I actually don’t think there is much doubt about that. But the burden of proof is on Kagan to persuade the Senators “of the path [Kagan] would take if [she] is confirmed to the Supreme Court.”

    Posted in Legal [slideshow_deploy]

    8 Responses to The End of the Beginning of the Kagan Hearing

    1. Martin John Kunnasse says:

      1) Unlimited / unconditional money using mobile technology

      : Money cannot be created or destroyed. It can be shrinked

      or expanded according to the liquidity of assets or

      increase in frequency of sharing love (transactions of good

      / services). A currency is nothing but a useless paper

      waste unless and untill it is used. We need to have a

      banking system where people can draw money unlimitedly and

      without any conditions of its usage (beyound good/bad which

      are relative). Let the person to do what ever he/she for

      gratifying his/her senses. How much one can

      eat/travel/abuse with his limited body & mind. People like

      to share what they have – but no system to find or transfer

      the needy. .But this idea will not end up in a creative

      destruction .. but there will be a temporal confusion.This

      also may stop all forced criminal activity for money…tops

      artificail demand creations..LIFE IS BUT A DREAM to LIFE IS

      BUT A GAME.. Let the people search for resources other than

      money to fullfill instincts

      2) Everyone like to give their excess money for the needy.

      What is every one in this world have a electronic account

      like mobile telephone. There must be a common money that is

      equilly shared for all. My excess money will be put their

      and equilly distribyted. One day every in this world will

      get enough money to buy atleast mone loaf of bread… If

      the idea grows 3 meals a day …. then 3 meals with

      medicines…. and so on…. Sorry I do not need any NGOs or

      IMFor World bank or government who decides to whom i need

      to pay. Let it go equilly toevery one inthis world.

      Martin John Kunnassery

      +91 994 690 6651 (CELL)

    2. Tim AZ says:

      There's no battle here. The republicans waived the white flag before the hearings started when they promised not to filibuster Kagan. This is nothing more than a dog and pony show in a weak attempt to pacify republican voters. Any republican that votes for Kagan's confirmation must answer for it at the ballot box. Americans can not tolerate these weak kneed cocktail party attendants any longer.

    3. MFEZ, Pittsburgh PA says:

      If Sotomayor got in, Kagen is a shoo in.

      Sotomayer falsafied on every one of her responses to questions asked of her. Her past was 100% the total opposite of what she said under oath.

      Her dissent to the MCdoanald Decision – a decision that was crystal clearly precedented by the Heller Decision shows her true colors.

      Kagen will be just more of the same and our Republicans are too spine challenged to stop it.

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    5. Drew Page, IL says:

      Any Senator voting for Kagan's appointment should be voted out of office at the first opportunity. Obama couldn't have found a more perfect candidate to the Court that would uphold and further his socialistic agenda.

    6. doyle cowart colmesn says:

      i would say the same as mfez pittsburg,pa

    7. Pamela, VA says:

      Great to say vote the bums out if the Republicans vote Kagan in but "we the people" will still be stuck with her for life. There is much occurring which time can undo when saner head prevail but THIS colossal disaster is not a bell that can be un-rung.

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