On Kagan’s Nomination, I’d Like a Do-Over
I’ve been on the fence about Elena Kagan, President Obama’s newest SCOTUS nominee. On one hand, I do believe that the President should be given the benefit of the doubt when it comes to nominations. You know, elections have consequences and all. On the other hand, Kagan has struck me as more than a bit hidebound. She doesn’t seem to have a shred of curiosity about the law, or anything else, for that matter. I can’t imagine her picking up a good fiction book, or any other book for that matter. She’s dull as dishwater and hasn’t shown me even a slight flash of brilliance.
But her dullness doesn’t disqualify her from the Court.
Elena Kagan took it upon herself to change a key report (used by the SCOTUS at one point to decide a very important case related to partial-birth abortions) without consulting any of the members of the committee who wrote the report. That was dishonest and wrong. Worse, though, is that she changed the report so that is said the opposite of what the committee intended it to say. When asked about the changes she made, she attempted to dance a clever, offbeat gigue around it, but with her big Fred Flinstone feet, she basically slamdanced the question into a coma.
Game over, so far as I’m concerned.
Add to that her inability to handle basic Constitutional questions (via memeorandum), which is something we generally want in our Supreme Court justices. Of course, it’s possible that she’s capable of answering those questions but would prefer not to reveal what she knows or what she’s written, which is just as bad (also via memeorandum).
I can’t imagine the President is very happy watching his hand-picked wise person of indeterminate and undiscussed sexual identity stumble around her confirmation hearing as badly as she has. Perhaps his best move would be to pull back her nomination and try again later. Maybe in 2013.
Other Posts of Interest:
- So…Sotomayor, Huh?
- Souter’s Gone. Let the Democratic Carnage Begin!
- McCain Will Appoint Judges in the Mold of Who Again?
Category: Our New Democratic Overlords, The Social Issues
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I'd love to see her on the court. She's a poster girl for burhkas!
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