The Power of the SCOTUS II: "Release the Kagan!"

[Kepler]

It begins.

And a special prize, the first use of everybody's favorite framing device, "disturbing."

Ms. Kagan's public comments should be highly disturbing to all Americans as they show what kind of a Justice she will be. She has been a vocal opponent of military recruiters on the Harvard Law School campus, placing political correctness above national security in a time of war. Ms. Kagan abandoned the will of the American people and the Congress by challenging the Defense of Marriage Act, proving she will merely rule based on her personal political preferences and not the law. President Obama has, once again, nominated an individual who places a higher premium on political progressivism than adherence to the set of laws that have made this country strong and free. For someone tragically inexperienced and activist, Ms. Kagan represents President Obama's ideal of transforming the Supreme Court into a vehicle for social reform and judicial affirmative action.

Presumably they write these beforehand and then just fill in the names.

Kos tries to make lemonade.

 

[unofan]

Re: The Power of the SCOTUS II: "Release the Kagan!"

It begins.

And a special prize, the first use of everybody's favorite framing device, "disturbing."



Presumably they write these beforehand and then just fill in the names.

Kos tries to make lemonade.

I would've preferred he nominate Diane Wood, myself. Standing up to Posner and winning a decent amount of the time is a good thing.

Oh, and the real thing being bandied about will be the fact she's not protestant, giving us an entirely Catholic-Jewish Court.

 

[ScoobyDoo]

Re: The Power of the SCOTUS II: "Release the Kagan!"

I agree with unofan. Should have been Diane Wood.

 

[Kepler]

Re: The Power of the SCOTUS II: "Release the Kagan!"

Nomination day is like the Entry Draft plus the Super Bowl for my favorite SCOTUS blog.

 

[ScottM]

Re: The Power of the SCOTUS II: "Release the Kagan!"

I would've preferred he nominate Diane Wood, myself. Standing up to Posner and winning a decent amount of the time is a good thing.

I tend to agree. Dealing with Easterbrook and Posner would be a good warmup for dealing with Scalia, Alito and Roberts. That said, I think Kagan is a "safe" pick in most respects. I don't doubt she may be more "moderate" than she may appear in many ways, similar to Kennedy.

 

[walrus]

Re: The Power of the SCOTUS II: "Release the Kagan!"

On CBS news this morning they were calling her a moderate, then the reporter comes on and calls her a progressive. When did progressive become moderate anyway?

 

[leswp1]

Re: The Power of the SCOTUS II: "Release the Kagan!"

On CBS news this morning they were calling her a moderate, then the reporter comes on and calls her a progressive. When did progressive become moderate anyway?

I would imagine she is a progressive, the next choice to Satan, a moderate or a conservative depending on which network you are watching

 

[ScottM]

Re: The Power of the SCOTUS II: "Release the Kagan!"

On CBS news this morning they were calling her a moderate, then the reporter comes on and calls her a progressive. When did progressive become moderate anyway?

When "liberal" became a taboo word. It's so ... 2000. Around the time when "conservatives" became more concerned with "purity", and less interested in ideas.

 

[Kepler]

Re: The Power of the SCOTUS II: "Release the Kagan!"

If Kagan is confirmed, the age breakdown of the Court now looks like this:

Name	        YOB	Age	O*
Ginsburg	1933	77	L
Scalia	        1936	74	C
Kennedy	        1936	74	M
Breyer	        1938	72	L
Thomas	        1948	62	C
Alito	        1950	60	C
Sotomayor	1954	56	L
Roberts	        1955	55	C
Kagan	        1960	50	L

(*Orientation: Moderate, Liberal and Conservative)

If Obama also gets to replace Ginsburg, with her poor health and advanced age, he will have successfully defused the L's demographic time-bomb.

 

[walrus]

Re: The Power of the SCOTUS II: "Release the Kagan!"

I would imagine she is a progressive, the next choice to Satan,

I wasn't watching Fox . It was CBS, if they think she's a moderate, she must really be a pinko

 

[leswp1]

Re: The Power of the SCOTUS II: "Release the Kagan!"

I wasn't watching Fox . It was CBS, if they think she's a moderate, she must really be a pinko

I was listening to the radio this morning and in one 30 minute segment every person thought she was on the other side of what they wanted. Shouldn't that be impossible? I decided she was a chameleon.

 

[jmh]

Re: The Power of the SCOTUS II: "Release the Kagan!"

I would've preferred he nominate Diane Wood, myself. Standing up to Posner and winning a decent amount of the time is a good thing.

I tend to agree, this is an odd choice and I also thought Wood would've made more sense.

 

[ScottM]

Re: The Power of the SCOTUS II: "Release the Kagan!"

I was listening to the radio this morning and in one 30 minute segment every person thought she was on the other side of what they wanted. Shouldn't that be impossible? I decided she was a chameleon.

Apparently, there are/were liberals who thought Obama should have nominated someone who would carry on the Stevens legacy. He went with a fairly safe, and most likely easy to confirm pick, and that generally pleases nobody. I haven't really heard anyone who's dealt with her make a negative remark about her intellect or abilities as a lawyer or ability to be a good Justice.

 

[Rimbaud]

Re: The Power of the SCOTUS II: "Release the Kagan!"

I look forward to having Kevin James as a Supreme Court justice:

 

[WeWantMore]

Re: The Power of the SCOTUS II: "Release the Kagan!"

Disappointing, have yet to hear someone play the socialist card. Just need to fill that space on my card and I have a SCOTUS nomination bingo.

 

[Kepler]

Re: The Power of the SCOTUS II: "Release the Kagan!"

I look forward to having Kevin James as a Supreme Court justice:

I would have gone another way.

 

[WeWantMore]

Re: The Power of the SCOTUS II: "Release the Kagan!"

Honest question, how many cases will she have to recuse herself from when she gets confirmed?

 

[Kepler]

Re: The Power of the SCOTUS II: "Release the Kagan!"

Disappointing, have yet to hear someone play the socialist card. Just need to fill that space on my card and I have a SCOTUS nomination bingo.

Bingo.

 

[ScottM]

Re: The Power of the SCOTUS II: "Release the Kagan!"

Honest question, how many cases will she have to recuse herself from when she gets confirmed?

Depends on which cases are actually granted Cert., and which ones she may have worked on as SG. I doubt she'd have to recuse herself for every case involving the administration, but that's a conversation she'd probably have with the Chief Justice.

 

[BoomGoestheDynamite]

Re: The Power of the SCOTUS II: "Release the Kagan!"

If Kagan is confirmed, the age breakdown of the Court now looks like this:

Name	        YOB	Age	O*
Ginsburg	1933	77	L
Scalia	        1936	74	C
Kennedy	        1936	74	M
Breyer	        1938	72	L
Thomas	        1948	62	C
Alito	        1950	60	C
Sotomayor	1954	56	L
Roberts	        1955	55	C
Kagan	        1960	50	L

(*Orientation: Moderate, Liberal and Conservative)

If Obama also gets to replace Ginsburg, with her poor health and advanced age, he will have successfully defused the L's demographic time-bomb.

For one issue at least (abortion) there has been a persistent rumor that Kennedy was open to reversing the decision in Roe, he just didn't want to bethe vote that did it in a 5-4 decision. With no backup on the way, I wonder if he'll just bite the bullet and vote to overturn when the chance presents itself.