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  • Senate Sends Message in Kagan Confirmation

    Today the Senate confirmed Elena Kagan to the United States Supreme Court.  Yet the vote breakdown is telling.  Even with a Democrat stronghold in the Senate, Kagan received more “no” votes [37] than any Democrat Supreme Court nominee in 100 years, and with bipartisan opposition to top it off.  With liberals expected to loose seats in the Senate this November, the number of senators who are likely to seriously scrutinize Obama judicial nominees will only increase.

    This should send a resounding message to President Obama, who may well have one or more vacancies on the High Court to fill during his time in office: nominees who are even more extreme than Kagan—such as Harold Koh or Goddwin Liu—will not glide through.

    Now that Kagan is on the bench, time will only tell whether she will live up to her words from her confirmation hearing.  Though she was evasive when addressing most substantive issues, she made a number of promises about how she would approach the law as a justice.

    For example, she stated that she acknowledged McDonald v. Chicago and Heller v. DC—the most recent Second Amendment decisions—to be “binding precedent.”  Heller confirmed that the right to keep and bear arms is an individual right, and then McDonald confirmed that the states must recognize this right.  While Kagan would not state her opinion on whether these cases were rightly decided, she promised to give them the full respect that settled law deserves.

    Yet we heard similar statements from Obama’s last nominee, Sonia Sotoamyor, who stated in her confirmation hearing that she fully “understands the individual right [to keep and bear arms]” that the Supreme Court recognized in Heller.  Yet, in the McDonald case, she joined a dissenting opinion stating that, “Nothing in the Second Amendment’s text…seeks to protect the keeping and bearing of arms for private self-defense purposes.”

    Similarly, Sotomayor and Kagan both stated that foreign law should not serve as precedent for judges when interpreting the United States Constitution.  And yet Sotomayor recently joined an opinion that cited foreign law as partial justification for striking down life without parole sentences for juvenile non-homicidal offenders.

    Americans who expect the Court to protect their constitutional rights can only hope that Kagan will not follow in Sotomayor’s

    Posted in Legal [slideshow_deploy]

    6 Responses to Senate Sends Message in Kagan Confirmation

    1. Pingback: Caffeinated Thoughts

    2. Tom Oregon says:

      I wonder if it's already too late. I mean , living as free people, in a society

      that selects it's leaders, through a fair and impartial referendum, I wonder if

      there might already be more of "them",then there are of us.

      And even assuming superior numbers ( they would be only too slight )

      I wonder if "we" have the fortitude, to add action to our conviction ?

      We have been bombarded, for at least the last 40+ years,with the "certainty"

      that "God", if not out-rightly dead, has through science and philosophy, been

      marginalized into insignificance. We ( the ignorant, the deluded ) who still believe

      have become "Nietzeche's madman" , tolerated less and less as time progresses.

      In a world of "reason", ( they reason ) there can be no room for delusional

      zealots,who order their lives according to an ancient book,full of absolutes,that

      engender intolerance, and judgmentalism, toward their fellow man. Therefore it

      becomes essential for "progress", to "reform" the history of the United States

      ( which was founded on Judeo Christian principals ) to reflect political "reality".

      To accomplish this worthy goal they must change the structure of the Court

      to reflect their world view. They must be in power to appoint lifetime judges

      who will "correctly" interpret ( or completely negate ) the Constitution, to

      reflect their "enlightened" goals. Because we believe lying is a sin, we avoid it.

      Because "they" believe, that the only immorality,is failure to implement "progress"

      they view lying as an expedient. Fairness is defined by what forwards their

      agenda, and virtue demonstrated by willingness to aid and abet humanistic

      ideology. ( the mainstream press )

      The "Tea Party" ( although their actions are commendable ) are working to

      cure a symptom, not the disease. Our problems don't stem from economics,

      taxes, or emigration , are problems are truly one's of "Biblical proportion".

      Tom.

    3. Bryan, seattle says:

      This is a disaster. We need to make sure that nothing happens to our Supreme court judges in the next two years. I don't know how, but we can't have another of these ANTI-gun, ANTI-free speech, ANTI-American justices on the bench….

    4. Drew Page, IL says:

      Lindsey Graham, Olympia Snowe and any other RHINO in the Senate who voted for Kagan should be kicked out of the Republican party. When Sotomayor was going through the confirmation hearings, I listened to all of Lindsey Graham's "serious concerns" about her candidacy, then watched as he voted to confirm her. With Senators like Graham and Snowe,l the Democrats have more than 60 votes in their pockets. People of South Carolina, wake up and dump this bozo.

    5. Pingback: Right Vs Left - Elana Kagan to be sworn in today as 112 member of the US Supreme Court

    6. dwall says:

      Until we address the damage being done by the various soros organizations, including the center for american marxism and how the NEA is brainwashing the kids there will be no return. They are pushing us down a slippery slope of the OSI and bolivian revolution and our leaders are responding with denials.. duh.

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