It's difficult to convey, in the absence of audio, just how tense some of these exchanges actually were. At the Citizens United argument last fall, Roberts openly criticized Kagan for abandoning one rationale for restricting corporate campaign spending and then pummeled her again in his concurring opinion in the case, dismissing the government's argument as "at odds with itself."Heh. Well, honestly this stuff just seems like pageantry these days, I mean all the judges just vote their ideological base in the important cases. Maybe in some situations where the case isn't very political this stuff makes a difference. I don't know.
So you'll go on record now supporting the next conservative nominee if they've previously been Solicitor General?Wait what? not that it, you know, matters or anything but I'll choose to support or not support nominees based on how I think they'll vote. Since I had no idea how Kagan would have voted, I didn't actually support her. I would have supported a candidate with less relevant experience but better known views if I agreed with them.
Do you have a suggestion or did you just want to come in to the thread and shit all over an incredibly qualified, thoughtful, smart and accomplished individual (with a sense of humor, for a fucking change) who will, I suspect, make a spectacular addition to the Court?Well, what does being a 'smart and accomplished' individual have to do with voting the way I would want her to vote? I mean, really what else matters?
On the contrary, the facts reveal a nominee who opposes Second Amendment rights and is clearly out of step with mainstream Americans.American Life League:
Therefore, the NRA is strongly opposed to Kagan’s confirmation to the Court.
Elena Kagan has revealed herself as the pro-abortion activist she is. ... this pro-abortion ideologue is not fit to serve on the Supreme Court.Sen. Inhofe:
Now as a nominee to the Supreme Court, her lack of judicial experience and her interpretation of the Constitution also play an important role in my decision to once again oppose her nomination. [My emphasis]posted by Jahaza at 4:50 PM on August 5, 2010
I could go on for PAGES. You don't have an opinion about everything that a Supreme Court Judge has to decide on. I don't think they do, either. And if you have an opinion, it's not an informed one (you in the general sense, realistically. Nobody does.)Well, look. Take your average lawyer, that a minimum level of intelligence. Put them on the Supreme Court. I'm not talking about putting Sarah Palin on the bench here. Most lawyers, I would imagine, or at least the average lawyer could probably come up with reasonable sounding opinions about those issues, after being presented with all the evidence in a Supreme Court hearing.
Being 'smart and accomplished' means that they can incorporate this into a legal-theoretical framework. A lot of these issues are not (or should not be, at least) really left-right divides.
I get that. But delmoi's comment reads weirdly like I'm addressing him.I assumed "you" meant "all of you" or "everyone who supports Kagan". Something along those lines.
"When President Bill Clinton nominated Stephen Breyer and Ruth Bader Ginsberg to serve on the high court, I voted for their confirmation, as did all but a few of my fellow Republicans. Why? For the simple reason that the nominees were qualified, and it would have been petty, and partisan, and disingenuous to insist otherwise. Those nominees represented the considered judgment of the president of the United States. And under our Constitution, it is the president's call to make."He then voted against both Sonia Sotomayor and Elena Kagan.
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posted by Senor Cardgage at 3:22 PM on August 5, 2010 [7 favorites]