Network News

X My Profile
View More Activity

Elena Kagan to be Obama's Supreme Court pick

By Chris Cillizza, Felicia Sonmez and Aaron Blake

1. President Barack Obama will name Solicitor General Elena Kagan as his pick to replace retiring Supreme Court Justice John Paul Stevens, a choice that comes 176 days before the 2010 midterm election and is freighted with potential political implications.

The announcement, which was first reported by NBC's Pete Williams, is expected to be formalized by Obama today.

Kagan was regarded in some political circles as a somewhat safe pick given that she was confirmed to her current post last March by a 61 to 31 vote.

The Republicans who voted "yes" on Kagan last spring include: Oklahoma Sen. Tom Coburn, Maine Sens. Olympia Snowe and Susan Collins, New Hampshire Sen. Judd Gregg, Arizona Sen. Jon Kyl, Utah Sen. Orrin Hatch and Indiana Sen. Dick Lugar.

No Democrat voted "no" but Sen. Arlen Specter (Pa.) who switched from Republican to Democrat roughly a month after the vote cast a "no" on Kagan. And, yes, you can expect that to become major issue in his May 18 primary fight against Rep. Joe Sestak (D). (More on that race below.)

Republicans are likely to spend the next few days urging a detailed examination of Kagan's record and insisting that they have not and will not make up their minds immediately about whether or not they will support her for the Court.

Remember that no issue -- or almost no issue -- fires up the Republican base like a Court fight and so there will be some calls within GOP strategic circles to slow the process down to ensure a deep dig on Kagan. There are also interest groups lined up on both sides of the ideological divide that make a cottage industry on Court confirmations -- no matter the pick.

One Senate Democratic leadership aide, asked to rate a Kagan confirmation on a 1 (easy) to 5 (hard) scale gave it a "2.5 or 3", adding: "Nothing comes easy anymore."

2. A tracking poll by Muhlenberg College in the Pennsylvania Senate race shows a disturbing trend for Sen. Arlen Specter (D) as he seeks to fend off a primary challenge from Rep. Joe Sestak.

A week ago Specter led Sestak 49 percent to 40 percent. By Sunday, Sestak led 46 percent to 42 percent.

Sestak's advertising and the increased attention the race is getting appear to be paying dividends. While Specter's favorability dropped by eight points in one week's time, Sestak's has risen by seven. Even though voters know Specter much better than Sestak, the congressman's favorability (52 percent) now exceeds the senator's (50).

Last week Sestak launched an ad that detailed Specter's 2009 party switch and featured former President George W. Bush praising the one-time Republican. Perhaps most devastatingly, the ad includes audio from Specter declaring: "My change in party will allow me to be re-elected."

Momentum, at the moment, is all on Sestak's side although Specter retains two aces in the hole: 1) the support of President Obama who has lent his voice to radio ads running in the Philadelphia area in support of Specter and 2) the backing of organized labor, which is still a potent force in a Democratic primary in Pennsylvania.

3. Former congressional staffer Mark Critz (D) went up with a new TV ad over the weekend highlighting his differences with businessman Tim Burns (R) on jobs and Medicare as the race for the seat of the late Rep. John Murtha (D) enters its final week.

"Mark Critz is opposed to cutting Medicare and he opposed the new health care law," the ad's narrator says, adding that Burns "wants to privatize Medicare and Social Security."

The ad also claims that Burns "laid off his own workers in Pennsylvania to get tax breaks for outsourcing," a reference to the loss of 58 jobs after Burns sold his software company in 2002. Burns' camp has retorted that it's unclear how many of those jobs were in western Pennsylvania.

What's most interesting about the 30-second spot isn't what's in it, but what's not. The ad touts Critz's opposition to the new health care reform law, but leaves out any mention Burns' position (he's called for repealing the law, something Critz has stopped short of).

And unlike Critz's previous ads, the new spot makes no mention of Murtha -- an indication, perhaps, that Democrats are growing ever more wary of the anti-incumbent sentiment gripping voters across the nation.

Critz received a boost over the weekend when he received the endorsement of the Johnstown Tribune-Democrat.

"Murtha's sudden passing in February forced Critz to become more -- a confident leader, a vocal cheerleader for the region and a political newcomer who seems comfortable in the presence of Democrats and Republicans alike," the paper's editorial board wrote, noting its "fear" that Burns "is merely a puppet for his party."

4. A new Mason-Dixon poll shows that Florida Republicans now have a contested gubernatorial primary on their hands.

The poll showed state Attorney General Bill McCollum leading health care executive Rick Scott 38 percent to 24 percent in a primary match-up, with state Sen. Paula Dockery pulling seven percent.

Scott's sudden rise can be explained by one thing: a willingness to spend heavily from his own pocket. A multimillionaire who founded the Columbia/HCA hospital chain, Scott has spent nearly $5 million on TV ads since jumping into the race in early April. That's more than McCollum, who has yet to go up on air, raised in an entire year. McCollum ended the first quarter with $3.8 million cash-on-hand.

McCollum has largely ignored Scott to date but that strategy may change now. Should McCollum decide to switch tactics he won't be lacking for opposition research. Scott faces questions over his departure from Columbia/HCA, which gave him the boot in 1997 amid a federal fraud investigation which later led to a $1.7 billion settlement with the government.

Florida Democrats should be wary of celebrating too much about the McCollum-Scott primary. In the Mason-Dixon poll McCollum led state Chief Financial Officer Alex Sink 45 percent to 36 percent, although that margin is down from a 15-point bulge for McCollum in late March. And in a Sink-Scott match-up, Sink leads by only 38 percent to 36 percent -- well within the poll's margin of error.

5. Like politics? Like trivia? Like beer (and bar food)? If the answer to all three of those questions is "yes" -- and, let's be honest, if you read the Fix it should be -- then tonight is your night!

It's the May edition of "Politics and Pints", our monthly gathering of political junkies for a night of trivia and general ribaldry. The festivities get started at 7 pm at the Capitol Lounge -- 231 Pennsylvania Ave SE.

Come one, come all. Team registration is first come, first serve so make sure you get there early. Don't have a team? Don't worry about it -- we will match you up with some good, smart people.

There will be prizes for first and second place as well as official Fix t-shirts for the team with the best name -- as judged by yours truly.

Spread. The. Word.

By Chris Cillizza  |  May 10, 2010; 6:00 AM ET
Categories:  Morning Fix  
Save & Share:  Send E-mail   Facebook   Twitter   Digg   Yahoo Buzz   Del.icio.us   StumbleUpon   Technorati   Google Buzz   Previous: Utah Sen. Bob Bennett loses convention fight
Next: House Democrats pull out of Hawaii special election

Comments

Hi. I think that the nomination of Elena Kagan means that it is a good idea to vote for U.S. Senator Arlen Specter over Joe Sestak!

Posted by: atifgulab | May 12, 2010 2:21 PM | Report abuse

As per your item on the Florida Gov. race: From TPm: "That's the total amount the State of Florida paid to George Alan Rekers, disgraced co-founder of the Family Research Council, for his expert testimony on the evils of homosexuality. We'd originally reported that Florida Attorney General Bill McCollum (and now leading gubernatorial candidate) publicly disclosed $60,000 paid to Rekers. But it turns out that was just the retainer. Florida paid him about another $60,000 for billable hours."

Posted by: osullivanc1 | May 11, 2010 11:51 AM | Report abuse

Since nobody is willing to answer 37the, please allow me.

Q: is Elena Kagan gay?

A; None of your f ucking business, a sshole.

Posted by: Noacoler | May 11, 2010 3:01 AM | Report abuse

FairlingtonBlade


I knew you would say that - trying to spark some controversy over homophobia just because Gibbs said "OPENLY GAY"

When you show some offensive over Rev. Wright's church, then you can be offended by something.

Otherwise, take a hike.


.

Posted by: 37thand0street | May 10, 2010 11:12 PM | Report abuse

Actually, the question itself is offensive.

BB

Posted by: FairlingtonBlade | May 10, 2010 7:58 PM | Report abuse

Is Kagan GAY OR NOT ???


She let a big crusade about "don't ask, don't tell"


However the White House made a point a few weeks ago saying she wasn't "OPENLY GAY." But they did not go further and actually say whether she was GAY OR NOT.


Well, is she gay or not ????

She could be CLOSETLY GAY The public deserves to know - because this may affect her decisions. We should get a definitive statement. It is OFFENSIVE THAT THIS QUESTION HAS NOT BEEN ANSWERED - AND THERE MAY HAVE BEEN AN ATTEMPT AT DECEPTION ON THIS QUESTION.


.

Posted by: 37thand0street | May 10, 2010 7:50 PM | Report abuse

Is Kagan GAY OR NOT ???


She let a big crusade about "don't ask, don't tell"


However the White House made a point a few weeks ago saying she wasn't "OPENLY GAY." But they did not go further and actually say whether she was GAY OR NOT.


Well, is she gay or not ????

She could be CLOSETLY GAY The public deserves to know - because this may affect her decisions. We should get a definitive statement. It is OFFENSIVE THAT THIS QUESTION HAS NOT BEEN ANSWERED - AND THERE MAY HAVE BEEN AN ATTEMPT AT DECEPTION ON THIS QUESTION.


.

Posted by: 37thand0street | May 10, 2010 7:46 PM | Report abuse

Pro-gay; pro-abortion; zero judicial experience; and, anti-military.

Posted by: 37thand0street | May 10, 2010 7:29 PM | Report abuse

Noacoler wrote,
"zouk, I won't mince words: you are a f ucking idiot."

Tsk. Tsk. Tsk.
I thought we were going to get this sort of stuff out of our systems before we began posting.

Snarl. Snarl.

Posted by: Brigade | May 10, 2010 7:19 PM | Report abuse

I do not care how smart they say she is or how educated or whatever

==

wow, knock me over with a feather

aside: what is it with you guys and the robotic avoidance of contractions? Nobody's going to look down on you for "don't," you know.

Posted by: Noacoler | May 10, 2010 5:52 PM | Report abuse

never mind the lies and duplicity that have lured naive young people into circumstances they would never have entered into knowingly

Posted by: Noacoler
--------------------------------------
People mind. Predator.

Posted by: leapin | May 10, 2010 5:51 PM | Report abuse

back on topic:

(hahahah sorry, couldn't resist)

It's obvious that the GOP hate machine sprang right into action, they were probably all prepared with the Talking Point Of The Day emails. So we know what to expect over the next few weeks in discussions of Elena Kagan.

NOT related to the war criminal family, Gott sei Dank.

(1) she's inexperienced! she's inexperienced! Now there's a new one. Funny how vital experience is for Democrats while at the same time being so disqualifying for Republicans .. Palin's lack of experience is played as some sort of virtue on the anti-intellectual right

(2) speaking of anti-intellectual, that's point two. Kagan is suspiciously educated, while everyone know that authentic Americans drop their Gs, believe in the Rapture, and don't know nothin' 'bout nothing an' don't wanna know nothing 'bout nothin' Jeb 2012

(3) she's a *lesbian* .. no evidence of this, wouldn't matter if there was, but the filth don't seem to get this, can't wrap their minds around the fact that most Americans have put this behind them. Everyone outside BFE has gay friends and considers the while issue unremarkable, about as germane as getting wrapped around the axle over left-handedness

(4) military recruiting on campus. We'll hear a lot about the virtues (real) of military service and that opposition to campus recruiting is spitting on soldiers, never mind the lies and duplicity that have lured naive young people into circumstances they would never have entered into knowingly

Posted by: Noacoler | May 10, 2010 5:45 PM | Report abuse

I am so very unimpressed with this nominee. The fact she brought suit to stop recruiting of the military at Harvard is stomach churning. I hope the Republicans stand up against this one. The Supreme Court voted unanimous against her suit saying how pathetic they thought it was so that should mean something.
The fact she was the Dean of Law at Harvard is enough reason for people to think twice about giving to a university. I do not care how smart they say she is or how educated or whatever, it is apparent she has an anti military attitude and she does not deserve to serve on the Supreme Court.

Posted by: greatgran1 | May 10, 2010 5:38 PM | Report abuse

Actually zouk the celebrity I most resemble is Brian Eno. We look astonishingly alike.
And oh, about time to let this cat out of the bag .. I never had acne, not unless you count 1-2 zits per year in my 20s. I noticed you were collating information on me just like Jake did so I tossed that out to see if you'd bite, and like a catfish with a hook in its gullet you snapped right at it, you silly predictable fool.
Hahahahah maybe I'll invent a few other "shortcomings" and watch you thrash and squirm. How does it feel to be an automaton?
Posted by: Noacoler
----------------------------------------
So the Vietnamese female, software coder on a green card, persona is false too?
What's next? drindl is not a government dependent?

Posted by: leapin | May 10, 2010 5:38 PM | Report abuse

And were it Bush sending in the drones and liberals protesting the loss of civilian life you'd be hooting and howling and hopping from one foot to the other and chanting taunts about "PC" and the need to be "tough" in the face of "the enemy"

Think nobody's onto you zouk? Think WE'RE the stupid ones? Projecting as always.

Posted by: Noacoler | May 10, 2010 5:33 PM | Report abuse

So killing civilians from the air, including innocent victims is vastly superior to waterboarding, is that the lateast Lib logic?

buzzing around in Pukistahn without approval is fine as long as we don't violate a foreign country, errrrr?huh?

I heard that the drone attacks are the cause for increased terror recruting. I thought all that bowing and scraping was going to solve that 'Bush' problem.

you remember, when he concentrated our enemy in one place for easy killing, away from civilians? and all that cowboy diplomacy that "everyone" despised, everyone except our allies, that is. Now our old friends France, Germany, Britain, France, Aussies, Poland, Turkey, Israel, Italy, and all the rest can't stand us or trust us anymore. but it's OK because Russia, china, syria and Iran are getting warmer by the decade.

Ped, you should stick with necrophilia, recipes, sandboxes, car tips and the other juice bar topics you seem to have a slight grasp on instead of weighty intelligent topics which are not amenable to 80s queeny snark.

Posted by: bumblingberry | May 10, 2010 5:04 PM | Report abuse

Actually zouk the celebrity I most resemble is Brian Eno. We look astonishingly alike.

And oh, about time to let this cat out of the bag .. I never had acne, not unless you count 1-2 zits per year in my 20s. I noticed you were collating information on me just like Jake did so I tossed that out to see if you'd bite, and like a catfish with a hook in its gullet you snapped right at it, you silly predictable fool.

Hahahahah maybe I'll invent a few other "shortcomings" and watch you thrash and squirm. How does it feel to be an automaton?

Posted by: Noacoler | May 10, 2010 4:59 PM | Report abuse

Remember when Barry used the Greek columns during his Denver convention speech?

It nows seems that it was an omen for what statist system he wanted to emulate.

Posted by: leapin | May 10, 2010 4:58 PM | Report abuse

come to think of it Muslims don't really write books either.

And if we consider only books that get read, we would have to exclude liberals too.

This means it is ok to abort liberals at any time you feel they inconvenience you.

Posted by: bumblingberry | May 10, 2010 4:55 PM | Report abuse

zouk, I won't mince words: you are a f ucking idiot.

Obama has done more to combat terrorism than your incompetent fratboy Bush ever did. Bush diverted our resources into two pointless wars, he let bin Laden get away, he created conditions in which radicalism is legitimized in the Muslim world, and did more to help its recruiting than he could have by letting them set up tables at colleges.

Obama has them on the run, has slaughtered their leaders like rats, and what do you harp on? The failures of two attacks, as though our strategy in some way depends on that incompetence.

If you have enough neurons to make a synapse you might be able to figure out that this incompetence could reflect the disorganization of the radical movement, so many of its leading luminaries dead and scattered, but no, you try to make some asinine little quip of a point that their incompetence is all we have.

Hope I mentioned that you're a f ucking idiot, did I? Good.

Posted by: Noacoler | May 10, 2010 4:52 PM | Report abuse

God is the entity that made sure you won't procreate and that the celebrity you most resemble is bozo. He started young with the stuttering and the acne. finished it with the arrogance and ignorance. you thought that happened by chance?

See , He has a sense of humor.

Posted by: bumblingberry | May 10, 2010 4:44 PM | Report abuse

hey zouk who's this "God" character you keep leaning on? Got his email address?

If he has something I should know, have him gimme a call. He's not on yellowpages.com or facebook.

Posted by: Noacoler | May 10, 2010 4:41 PM | Report abuse

There’s no better way to summarize president Obama’s approach to fighting the war against jihad than this: For the next three years, we’re betting our safety on the proposition that Islamic thugs and terrorists will prove to be more incompetent than the Obama administration.

In the aftermath of the Times Square bombing attempt, is there another way to consider it? How many “isolated incidents” have to pile up before the president wakes up to the fact that there’s a pattern, one that just might have something to do with a particular fundamentalist religious outlook.

Posted by: bumblingberry | May 10, 2010 4:36 PM | Report abuse

leichtman1 -- several good points.

I know I promised I would leave, but you guys are a welcomed distraction.

First, on the young Texas QB. I'm selfishly hoping he's still "shell shocked"!!

Yes, recruiting is extremely stressful. It's all about numbers. I'm not surprised when I hear that recruiters will bend the rules to meet those numbers. It can mean your career.

However,

I honestly doubt *that* is her reason.

Maybe it's a Marine thing, but everything is an operation. Chow is an operation. Liberty is an operation (we try our damndest to make sure our young devil dogs behave on the weekends.) So yes, recruiting is an operation.

Not all operations involve tanks and the boom-boom. Just the cool ones :)


Noa: We're not going to change eachother's mind, but I will point out our 2 differences. 1, self-awareness is not relevant, at all. My daughter is 14 months. I'm not sure if she is even self-aware sometimes. But I do know who made her -- who produced her. I did, and I'm a human being. Lilies make lilies, rodents make rodents, and humans make humans. You are not self aware when you are sleeping. yet it would still not be right for me to kill you, even if you were inconveniencing me. 2, I believe human beings are set apart from the animals. This is not purely a theological point, but is also completely discernable by science and reason.

So, until we can get to the bottom of both of these points, we will not agree. If you are seriously interested in hearing a purely philosophical pro-life point of view, google Peter Kreeft (he teaches at Boston College), find his page, and listen to the pod cast titled "pro life philosophy". I recommend this to anyone, even those who think they understand the pro-life movement. Often times, you don't. We are not just a bunch of Bible-beaters. (I'm Catholic, so I get accused of beating my Bible too little, by Protestants, and thinking too much. Go figure.)

Seriously. Listen to it. We can talk about it.

OK, goodnight for real. Extra coffee tomorrow.

Posted by: USMC_Mike | May 10, 2010 4:32 PM | Report abuse

for some time after birth, there is no self-awareness - Ped
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
For most liberals, in fact, this continues well into their adult life; take Ped and Drivl for example.

Posted by: bumblingberry | May 10, 2010 4:31 PM | Report abuse

human beings are separate from the rest of the natural kingdom,


>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
because so many other of god's creatures write books and music and contemplate infinity and all that stuff.

The bozo doppelganger is spiraling into heretofore unexplored terrain of idiocy today.

Posted by: bumblingberry | May 10, 2010 4:26 PM | Report abuse

Garrett Gilbert looks to have a lot of upside if he is not too shell shocked from
being thrown in an impossible situation
in the championship game.

Posted by: leichtman1 | May 10, 2010 4:20 PM | Report abuse

Your Greek roots are correct, Mike, but the compound English word necrophilia doesn't refer to a fascination with death, it refers specifically to sex with corpses.

If you must engage in wild-eyed hyperbole and hypertrophied outrage, please at least get your terms straight.

You guys have been beating this dead horse for forty years. I really don't want to read it anymore, any more than I want to rehash Creationism or the pre-Copernican solar system.

My own position one more time: at the time of abortions, and in fact for some time after birth, there is no self-awareness. An aborted fetus doesn't even have as much mind or individuality as a mouse. So unless you are just as adamant about preventing the murder of rodents invading your house then you are not expressing a universal moral view, you are expressing a form of religious bigotry, the one that says human beings are separate from the rest of the natural kingdom, a view I find no less abhorrent than racial or sexual bigotry and in some ways a lot worse.

Posted by: Noacoler | May 10, 2010 4:15 PM | Report abuse

never heard of recruiting called a military operation. I have no problem with recruiting
but have read of some overly aggressive tactics
and misrepresentations by recruitors over
promising and misrepresenting on college
campuses and in poor neighborhoods. I admire
those willing to put their lives on the line to protect us and keep us safe.

Lets wait and hear her testimony before we
prejudge her views on the military. I am
particularly bothered by those (not you mike)
willing to make programmed cheap shots against
her last night 12 hours before it was official.

Posted by: leichtman1 | May 10, 2010 4:10 PM | Report abuse

All right well enjoy your online playground. It's well past bed time here. [does mentioning the time difference offend you? You know, you have a lot in common with this woman.]

I recommend finding out a little more about Beethoven -- specifically his unlikely birth, and the 4 or 5 siblings which preceded him. It's quite an interesting story.

Goodnight.

Mark, I'm sorry I missed you, I was hoping to catch you. I think A&M has a chance this year. I'll be back in Japan by Thanksgiving; should be a hell of a game without old Colt.

Posted by: USMC_Mike | May 10, 2010 4:08 PM | Report abuse

I prefer Skinner, but point taken.

Posted by: JakeD3 | May 10, 2010 4:04 PM | Report abuse

""the "attacks were well-founded professional ones, based on a career of siding with privilege and power.""

By that logic, this woman is immediately disqualified.

Forgive me if I refer to my career in a discussion about [this woman's treatment of] the military. I should have known that my thoughts and insight would have offended you, and come off as self-rightousness. [I believe the psychological term for your condition is "projection". Yes, even a dumb non-harvard educated jarhead reads freud.]

Jake, you must also read freud, to inject sex into everything. It seems you forgot your classic Greek. Necro, meaning death, filia, meaning love (ie, lover of death, one who loves death).

Posted by: USMC_Mike | May 10, 2010 4:00 PM | Report abuse

1/3 of my generation in America has been butchered to death already. She would say it wasn't enough.

==

I suppose you mean abortion.

First of all: from 2002 to 2006 you conservatives had control of all three branches of government, under the "leadership" of an immature and insecure smirking frat boy who yearned for a fight wherever he could find one. You didn't get abortion outlawed then, so why don't you come around to facing the reality that you're never going to.

Had those 40 or 50 million or whatever abortions not happened we'd have somewhere close to that many more people in this country, a large proportion of them witgh developmental defects and under expensive and in most cases taxpayer-funded medical care. Our roads and our cities would be a lot more crowded. Since many of those aborted fetuses repeat fetuses say it again fetuses (NOT CHILDREN) would have grown up as unwanted children, many would have ended up in orphanages and many more would end up with emotional problems and criminal inclinations. We would be a nation with more crime, more burglary, more congested traffic, more money going into preserving lives incapable of giving back.

Yeah yeah yeah I know, "slaughter of the unborn," pardon me while my eyes glaze over in utter tedium, but anyone who would wish for all that to happen strikes me as just plain sick.

Posted by: Noacoler | May 10, 2010 3:59 PM | Report abuse

""the "attacks were well-founded professional ones, based on a career of siding with privilege and power.""

By that logic, this woman is immediately disqualified.

Forgive me if I refer to my career in a discussion about [this woman's treatment of] the military. I should have known that my thoughts and insight would have offended you, and come off as self-rightousness. [I believe the psychological term for your condition is "projection". Yes, even a dumb non-harvard educated jarhead reads freud.]

Posted by: USMC_Mike | May 10, 2010 3:58 PM | Report abuse

Gee. I thought a necrophiliac was someone who enjoyed, shall we say, relations with corpses. Must mean something different in the marines.

Posted by: JakeD3 | May 10, 2010 3:53 PM | Report abuse

Oh dear we have the "social conservative" from Baghdad shielding himself from the consequences of dishonest and irresponsible remarks by frequent and prominent references to military service.

Aside: thanks for your service to our country. There, I said it, and sincerely.

Now. Robert Bork wasn't shot down by "baseless personal attacks," the "attacks were well-founded professional ones, based on a career of siding with privilege and power. Bork was a very far right ideologue for his time, he'd be pretty far right for this one too, and his rejected confirmation was absolute evidence that The System Worked.

I understand that conservatives remain enraged over it even decades later, but then conservatives don't seem too interested in what's good for the country, and have now reached the point of openly praying for disaster and calamity as a way for their failed and unworkable ideas to get back into power.

Posted by: Noacoler | May 10, 2010 3:48 PM | Report abuse

By the way Leechman, recruiting is a legitimate military operation. Many of us spend years of our lives doing it. It is a necessary function of what we do. It is what allows our free society to live without the burden of a draft -- which I suspect you would probably hate.

From my point of view I can attest that the military can certainly use more intelligent JAG officers. Our current JAGs, when negotiating contracts, simply can't keep up with corporate lawers. We could use some Haavard grads among our ranks. Might even save you some taxpayer money. You know, the same money that props up the school she banned us from coming to.

Posted by: USMC_Mike | May 10, 2010 3:40 PM | Report abuse

37th at 2:54, why do you think it's important to know if Ms. Kagan is a lesbian? I frankly doubt that it matters to anyone outside the right wing.

Posted by: dcgrasso1 | May 10, 2010 3:37 PM | Report abuse

In the end, I have to accept the fact that she is an obvious liberal who does not support me or my way of life, and will not allow me to recruit our nations alleged "best and brightest" from among her elite ranks.

I can accept that.

With regard to the Supreme Court, there is only 1 issue I care about, and because I already know what her position is, I have the utmost moral obligation to do whatever is in my (limited) power to oppose her. 1/3 of my generation in America has been butchered to death already. She would say it wasn't enough.

Her, and the rest of the necrofiliacs she surrounds herself with.

Posted by: USMC_Mike | May 10, 2010 3:36 PM | Report abuse

so you are suggesting that there are ongoing
military operations on our college campuses?

"Kagan APPARENTLY BELIEVES IT IS APPROPRIATE TO INTERFERE IN LAWFUL MILITARY OPERATIONS"


"she is not a judge, she is not a judge"
Again did you register that same complaint about William Rehnquist?

how about some original thought rather than just repeating what you read on today's
faux news.
Its gotten very very stale.

You would think that the GOP could at least
wait 24 hours: nope

"Sen. John Cornyn, a key Republican on the Senate Judiciary Committee, ""quickly"" signaled that he has serious questions about confirming Elena Kagan to the Supreme Court"

as if anyone would expect anything different.

shorthand for she is not a right wing ideologue
so why should we confirm her.


Posted by: leichtman1 | May 10, 2010 3:17 PM | Report abuse

Dear Sirs,
The only convicted attorney general, in our history, was Nixon's first, John Mitchell!
Bork was his solicitor general.
Both Senator Joseph McCarthy and Mr. Conservative, Senator Robert Taft, complained that Hermann Goring did not get a fair trial at Nuremberg.
Did he?
Clifford Spencer

Posted by: yankeefan1925 | May 10, 2010 3:09 PM | Report abuse

blert


OK Blert - but the question is - if someone has made such a CAUSE to interfere with the MILITARY, that should DISQUALIFY that person from the Supreme Court.

It has nothing to do with whether it is a private institution or not.


And the Federal Govt could refuse aid to the school -

I find it offensive that someone would find it fit to go as far as INTERFERING with military recruiting.


Surely, expressing one's ideas is separate from taking actions like those.


.

Posted by: 37thand0street | May 10, 2010 3:02 PM | Report abuse

There was some discussion earlier a few weeks ago - the white house objected to the term "OPENLY GAY" to describe Kagan. However, they did not say whether she was gay or not, closeted or not - just that there was an objection to the term "openly gay."


Yes, the country should be informed.

This should not be another situation in which information is hidden from the public under "privacy" - like Obama ALL FILES should be opened - and transparency should be the rule.

.

Posted by: 37thand0street | May 10, 2010 2:54 PM | Report abuse

37thand0street, my thoughts on the Harvard stance on military recruiters and ROTC is that it's a private school. They can do as they wish. I think it's a terrible decision, and one that actually disadvantages many Harvard students as they are less likely to be introduced to the option of military service and, in the ROTC, have to commute to other campuses if they want to be part of that training. However, private schools have the right to make what decisions they will.

Of course, along with this, I think that the federal government has every right to withhold funding from schools that refuse to support ROTC or allow military recruiters. Excluding them is a form of discrimination based on political creed, and it cuts against basic notions of equal opportunity. I'm sure that if the federal government took a hard-nosed stand against Harvard and withheld not only all student aid, but all federal research grant money, that every school in the country would open doors to recruiters and the ROTC immediately. I'm not sure that I'd support this degree of federal coercion, but seeing as how the government does this to states all the time, using the same tactics against colleges wouldn't surprise me.

In the end, yes, the decision to keep recruiters out of Harvard says a lot about Kagan's politics, and about Harvard's. Still, it's a private institution, and it is free to make that kind of self expression.

Posted by: blert | May 10, 2010 2:51 PM | Report abuse

GJonahJameson, I think the Harvard thing does matter. Americans want intelligent, experienced people on the bench, but people also want some intellectual and practical diversity that goes beyond the PC diversity that is usually a greater criteria in selections.

Having a group of people with all the exact same education and exact same work experience does not create a very diverse pool of thought. If every justice has attended Harvard, this gives the decidedly false impression that Harvard is the only place to produce intelligent people. The reality everywhere outside of the judiciary and academia strongly suggests otherwise, as Harvard grads 20 years down the road earn no more than graduates from other schools.

But academia and the judiciary are extremely closed fields, and the best tenure-track jobs and law clerk positions tend to be given to a few people from a few schools, with Harvard grads often receiving the best posts. Why? There are smart people at Harvard, but there are equally smart people elsewhere, except that judges and academics alike often don't bother to look.

The result is a very incestuous promotion from inside a very closed circle of people. In such closed circles, group think is liable to take over, and mindsets can drift further and further from the American mainstream. Kagan is a product of such a system. Does this mean she would be a bad judge? Maybe, maybe not. But in generations past, some of America’s best and most influential Supreme Court justices came from outside the judiciary and outside academic legal circles. What we now have more and more is a group of academics who are very good making arguments and scrutinizing over words and abstract legal concepts, but who have almost no practical experience of any kind outside of academia and the federal judiciary. Obama went for someone who has not been a judge, but this is about as close as one can get to the mold of recent court picks without being a judge.

This, and the way in which Kagan rose through the ranks, working for Clinton and then being put into the Harvard Law deanship by Summers, a chief Clinton adviser, shows her not only as an insider in law circles but in the Democratic Party.

Of course, it's hard to tell what kind of judge Kagan would be, but given what a consummate insider she is, I'm sure that partisan knives are being sharpened. I doubt that she will be filibustered or voted down by the Senate unless some bombshell breaks, but this is where some significant attacks will come.

Posted by: blert | May 10, 2010 2:42 PM | Report abuse

mark, yes, I suppose imitation is flattery, although in this case I think it was because I simply happened to be awake early to get in one of the first several posts, and one of the only ones on topic. I was one of the first, and so I got plagiarized.

drindl, sure enough, and I'm not surprised. This line of attack on Kagan may never enter the Senate confirmation hearings, but it will be a chief weapon against her among bloggers and talking heads. Should it really matter? No. At the same time, no stone is left unturned in these confirmation hearings, and if the perception is that Kagan is hiding something about herself, even something that should be irrelevant, then opinion may turn against her.

What will probably be the better, more legitimate attack against Kagan is that she represents almost no one in America. I mean, Obama was aiming for a non-judge with this pick, but Kagan every bit the same product of the same legal education system as those judges...and she even helped run that same education system for awhile. Other than brief stints as a law clerk and working in a private firm, she has been in academia most of her adult life. Her promotion through the ranks has also been almost entirely through Democratic insider circles...working for Clinton, hired at Harvard Law by Summers, appointed by Obama, etc. This could provide some good fodder, but probably not enough to bring her nomination down.

Posted by: blert | May 10, 2010 2:32 PM | Report abuse

Kagan was never a judge - so there are no decisions to base any evaluations on - so other things MUST be considered - like here opposition to RECRUITING ON COLLEGE CAMPUSES.

A Supreme Court Justice MUST support the military - and support EVERYTHING THAT THE MILITARY DOES TO SUPPORT ITS OPERATIONS.

Kagan has a history of OPPOSING MILITARY RECRUITING ON COLLEGE CAMPUSES - BASED ON HER OWN PERSONAL OPPOSITION TO LAWS WHICH HAVE BEEN PASSED BY CONGRESS.

Don't ask, don't tell is a LAW PASSED BY CONGRESS - AND IT IS THE LAW OF THE LAND.

Kagan APPARENTLY BELIEVES IT IS APPROPRIATE TO INTERFERE IN LAWFUL MILITARY OPERATIONS.

It is clear that a theme is emerging in the democratic party - DISRESPECT FOR THE LAW.

If a democrat doesn't like immigration law, just seek to stop enforcement - if a democrat does not like one military policy, interfere with the military recruiting process.


THIS DISRESPECT FOR THE LAW SHOULD DISQUALIFY KAGAN FROM THE SUPREME COURT.


.

Posted by: 37thand0street | May 10, 2010 2:12 PM | Report abuse

BANK BOSTON and, of course, The U.S. GOVERNMENT (GOV.) bred-sponsored-permited corruption, frauds and coverup to the Big and Powerful Elite Class in Puerto Rico, U.S.A. and abroad.

Posted by: josealbuerne | May 10, 2010 2:00 PM | Report abuse

CC is a little to optimistic for Rs in Florida re the governorship:

"Scott, meanwhile, has a connection to the party insurgency that would be the envy of many Republicans. As the fight for a public option heated up in the health care reform debate, Scott spent $5 million on the Conservatives for Patient Rights campaign, which ran ads and funded efforts to get protesters to Congressional town hall meetings across the country. On his website, Scott touts the experience, claiming "CPR successfully led the charge to stop the government-run public option plan."
.......

A new Quinnipiac poll of the FL governor's race finds that 54% of voters think that State Attorney General Bill McCollum's health care reform lawsuit is a "bad idea," compared to 40% who back the lawsuit.

McCollum (R) has been the public face of the constitutional challenge to health care reform, a suit he filed with 12 other state AGs.

According to the pollster's analysis, though, the "threatened lawsuit to void the new federal health care law doesn't sit well with voters, including independents, historically the key voting group."

This might explain the gains made by Florida Chief Financial Officer Alex Sink (D) since the last Quinnipiac poll in January, which showed McCollum leading by 41%-31%. This latest poll has McCollum only leading Sink 40%-36%."

Posted by: drindl | May 10, 2010 1:44 PM | Report abuse

OK, I know one can't form a conclusive prediction based on the comments of a few blog readers (some of whom, I expect, didn't really read anything beyond the headline, but that's another topic for another post), but seriously, O Mighty Forces That Oversee the Univerise Whomever or Whatever You May Be, please tell me the whole Harvard thing isn't going to be a prominent line of attack against Elena Kagan.

I will never understand why some people are so vehemently opposed to having intelligent people in the government. "Dang it, no! I demand the president nominate a Supreme Court justice who is at least as dumb as, if not dumber than, me!" I mean, I consider myself pretty sharp -- doesn't everyone? -- but I'm totally comfortable with the idea of the Supreme Court of the United States being full of people way smarter than me.

Sometimes I wonder what the judicial appointment process -- and, for that matter, the election process -- would be like if they were just conducted by a human resources director, like most jobs.

"Ms. Kagan, we've been very impressed by your resume and your professional references, but I'm afraid we've going to have to go in another direction. The company is just looking for someone dumber at the present time. Please feel free to apply again the next time we have an opening, though I recommend you watch 'White Chicks' and take a few shots of Cuervo beforehand to better prepare you."

Posted by: GJonahJameson | May 10, 2010 1:31 PM | Report abuse

zouk writes
"Keynesian Spending Has Zilch Effect on Recovery... [T]he latest GDP report from the U.S. Department of Commerce shows that the 3.2 percent first-quarter economic growth rate got no help from government spending.

In fact, combined federal, state, and local spending actually fell 1.8 percent. What’s more, over the last three quarters of a mild V-shaped recovery, with an average quarterly rebound of 3.7 percent, government spending actually exerted a small net drag (-0.03%) on growth."


Sorry, zouk, but that doesn't mean what you think it means. The lack of Keynesian spending would have been a larger drag on the economy than the .03% Mr Kudlow alleges. Why? Because much of the stimulus was made in the form of payments to state governments, which they used to balance their own budgets. For instance, here in Minnesota, Gov Pawlenty is counting on about $500 Million from the feds to balance the budget; sadly, the Fed check hasn't yet arrived, leaving a larger cash flow hole than was anticipated. Worse, the MN Supremes decided his efforts at legislation from the exective branch last year (to balance the budget) have added another $2.7 billion to the budget hole. Amusingly, Republicans find this kind of fiscal mismanagement worthy of promotion & are pushing Pawlenty as presidential material. But, back to the point: thanks to falling incomes, falling home values and reduced consumer spending, state & local governments' tax revenues are falling. The Keynesian Fed spending - financed by borrowing - has helped to make up for that shortfall, which would otherwise be a much higher drag on the economy than .03%.

To put it differently, if government influence had Kudlow's apparently desired 0% influence on economic growth, that would mean that government spending has remained constant. A 'true' conservative that believes in 'starve the beast' and shrinking the size of government should actually applaud a net reduction in government spending - and lobby for larger future shortfalls. But apparently they don't understand that part of the equation.

Posted by: bsimon1 | May 10, 2010 1:30 PM | Report abuse

'STOP the Obama March to Fascism with additionally Inept appointments!!!"

LOL -- try to learn to speak English...

Posted by: drindl | May 10, 2010 1:15 PM | Report abuse

Let's see.... Connections in Chcago, HAAVAAD, " my Friend"... If this is not Scary enough she also has issues with Military recruiting on a Federally Supported Campus BUT might actually approve the cessation of Prayer in a partially Federally funded Retirement home???
STOP the Obama March to Fascism with additionally Inept appointments!!!

Posted by: redhawk2 | May 10, 2010 1:01 PM | Report abuse

Hey Mike!

Good to see you and hope you keep safe. Now to the fireworks:

---

I believe the word "Borked" means, definitionally, baseless personal attacks. Which only gain sympathy votes if directed at liberals, minorities, and their supporters.

A Supreme Court Justice nominee will draw me out of the woodwork, wherever I am in the world...

Posted by: USMC_Mike | May 10, 2010 12:20 PM | Report abuse

---

Bork wasn't attacked on the basis of his personal views, race, creed, etc. He was attacked on the basis of his judicial writings. The natural consequence has been a succession of stealth nominees. For all of Roberts' supposed respect for precedent, the only use he has for a piece of paper with stare decisis on it is as toilet paper.

Clarence Thomas, on the other hand, that was personal. Of course, he draped himself in the drapery of racism and made it to the court. In truth, he was a nominee with the "thin resume" that conservatives keep talking about. In my view Roberts and Alito should have been confirmed--and were--and Thomas should have been rejected.

@Andy - not so sure about Founding Farmers. They have some fans and some critics (including the Post's Tom Sietsema). I'm tempted to try Ris or Blue Duck Tavern. We've had a couple of good experiences at the bar at Vidalia, so perhaps apps and a drink.

BB

Posted by: FairlingtonBlade | May 10, 2010 12:55 PM | Report abuse

blert -- here you go, right on schedule:

"In a blog post for the far-right American Family Association (AFA) today, Bryan Fischer comes right out and says that the media should pointedly ask Kagan, “Are you a lesbian?” And if she is, according to AFA, she shouldn’t serve on the court:

It’s time we got over the myth that what a public servant does in his private life is of no consequence. We cannot afford to have another sexually abnormal individual in a position of important civic responsibility, especially when that individual could become one of nine votes in an out of control oligarchy that constantly usurps constitutional prerogatives to unethically and illegally legislate for 300 million Americans.

The stakes are too high. Social conservatives must rise up as one and say no lesbian is qualified to sit on the Supreme Court. Will they?"

Posted by: drindl | May 10, 2010 12:40 PM | Report abuse

hey mike thanks once again for your service;
stay safe. Haven't heard from you since the election.

your post was my first thought when she was
rumored last night as the nominee. No one knows or much cares if she is gay
and believe me voters under 21 will hate that
attack and drive them further away from the GOP in Nov.

"I wonder, too, how long it's going to take before right-wing pundits launch into speculations on Kagan's sexuality?"

the answer: a lot quicker than you would imagine.

I tried to start that contest here last night
but we had one guy 37th make that post 12
hours before her actual selection; another, zouk aka moonbat posted that sentiment w/i
5 minutes of her actual selection today. Predictable.

Posted by: leichtman1 | May 10, 2010 12:35 PM | Report abuse

heard Cambell interviewed by Ed Schultz
over the weekend and concluded that he
sounded way too sane to obtain the Senate R
nomination. Understanding that someone
on the no fly list should be denied the right to purchase a gun seems so common sense that no one but the most extreme would oppose. Oh my goodness, how insane.


"The candidates had one of their liveliest moments during a lightning round in which they were asked whether anyone on the federal government's no-fly watch list should be able to purchase a gun.

Campbell said no, while Fiorina and DeVore said yes.

That caught Campbell off guard. "Oh, my goodness


Posted by: leichtman1 | May 10, 2010 12:24 PM | Report abuse

blert, that is hilarious. I suppose imitation is the sincerest form of flattery.

Posted by: mark_in_austin | May 10, 2010 12:21 PM | Report abuse

Howdy from Baghdad.

"I wonder, too, how long it's going to take before right-wing pundits launch into speculations on Kagan's sexuality. The flap a couple weeks ago when CBS featured a blog post describing Kagan as gay drew a fiery response from the White House insisting otherwise, and CBS ended up backtracking on the post. Regardless of any facts on the matter, I expect this to turn into a minor storm at the very least. Who knows, though? Maybe it will work to Kagan's advantage. If she is seen as a martyr to a lot of baseless personal attacks, some senators may discover that they have a harder time voting against her."

I believe the word "Borked" means, definitionally, baseless personal attacks. Which only gain sympathy votes if directed at liberals, minorities, and their supporters.

A Supreme Court Justice nominee will draw me out of the woodwork, wherever I am in the world...

Posted by: USMC_Mike | May 10, 2010 12:20 PM | Report abuse

another as expected way out there liberal no where near main stream America choice by this socialist pig.

Posted by: crhoadstwo | May 10, 2010 12:20 PM | Report abuse

Howdy from Baghdad.

"I wonder, too, how long it's going to take before right-wing pundits launch into speculations on Kagan's sexuality. The flap a couple weeks ago when CBS featured a blog post describing Kagan as gay drew a fiery response from the White House insisting otherwise, and CBS ended up backtracking on the post. Regardless of any facts on the matter, I expect this to turn into a minor storm at the very least. Who knows, though? Maybe it will work to Kagan's advantage. If she is seen as a martyr to a lot of baseless personal attacks, some senators may discover that they have a harder time voting against her."

I believe the word "Borked" means, definitionally, baseless personal attacks. Which only gain sympathy votes if directed at liberals, minorities, and their supporters.

A Supreme Court Justice nominee will draw me out of the woodwork, wherever I am in the world...

Posted by: USMC_Mike | May 10, 2010 12:18 PM | Report abuse

Wow, I've been plagiarized before, but never in something so menial as a blog comment. jacobpeters has to be pretty mindless if all he does is steal blog comments, add a sentence or two, and recycle them as his own.

Word to the wise, jacob: Thieves should not return to the site of the crime parading around the stolen goods.

---------------------------

Kagan seems like the pick that everyone was looking for. She is well liked by a lot of people, and she was seen at Harvard as very fair and welcoming to conservatives. That 61-31 vote for confirmation as Solicitor General has to be promising, but I would draw a distinction between a confirmation vote for an administration post and for the Supreme Court. This is a life appointment, and the stakes are much, much higher. Kagan can expect a lot more scrutiny and opposition because of this. While some pundits, book publishers, and advocates recommend Kagan, we need to all support Obama's decisions.

Jacob, Editor
http://www.schieldenver.com
http://www.schieldenver.co.uk

Posted by: jacobpeters | May 10, 2010 10:53 AM

--------------------------

Kagan seems like the pick that everyone was looking for. She is well liked by a lot of people, and she was seen at Harvard as very fair and welcoming to conservatives. That 61-31 vote for confirmation as Solicitor General has to be promising, but I would draw a distinction between a confirmation vote for an administration post and for the Supreme Court. This is a life appointment, and the stakes are much, much higher. Kagan can expect a lot more scrutiny and opposition because of this.


I wonder, too, how long it's going to take before right-wing pundits launch into speculations on Kagan's sexuality. The flap a couple weeks ago when CBS featured a blog post describing Kagan as gay drew a fiery response from the White House insisting otherwise, and CBS ended up backtracking on the post. Regardless of any facts on the matter, I expect this to turn into a minor storm at the very least. Who knows, though? Maybe it will work to Kagan's advantage. If she is seen as a martyr to a lot of baseless personal attacks, some senators may discover that they have a harder time voting against her.

What is certain, however, is that without a track record on the bench, everything else about Kagan is going to be scrutinized all that much more.

Posted by: blert | May 10, 2010 8:24 AM

Posted by: blert | May 10, 2010 12:15 PM | Report abuse

How about the $60,000 in taxpayer money that Florida's McCollum paid to George Alan Rekers (the now disgraced co-founder of the Family Research Council) to testify as an anti-homosexual 'expert' in the fight to take adopted children away from Florida gay people?

Rekers has been in the news for having paid $16,000 to a rentboy. Think that will have any resonance?

Posted by: drindl | May 10, 2010 12:13 PM | Report abuse

magically moonbat turns into bumblingzouk at noon... fun to watch.

Posted by: drindl | May 10, 2010 12:08 PM | Report abuse

here, leichtman, one cite -- yeah, I don't know what she's thinking, but it's more like she's just not. I think she's toast and now Campbell is calling Ronald Reagan too liberal!
Lunatics.

"On major topics, Assemblyman Chuck DeVore, former Hewlett-Packard CEO Carly Fiorina and former Rep. Tom Campbell were often in alignment Thursday. They all, for example, said hedge-fund managers shouldn't pay higher tax rates."

VERY IMPORTANT to the country, that one!

Read more: http://www.sacbee.com/2010/05/07/2733962/gop-senate-candidates-run-to-the.html#ixzz0nXioOG80

"All three candidates defended Arizona's enactment of a strict new immigration law"

" DeVore and Fiorina said they support more offshore oil drilling, and Fiorina said it was regrettable that the United States did not drill more in the Arctic National Wildlife Refuge."

Campbell is ahead, and while I wouldn't vote for him, he at least appears somewhat sane - thi made me laugh:

"It seems somewhat unusual to take that position – except perhaps in a Republican primary."


Posted by: drindl | May 10, 2010 12:05 PM | Report abuse

Keynesian Spending Has Zilch Effect on Recovery

May 04, 2010 5:40 AM By Larry Kudlow
Stubbornness is a bad trait in politics and policy, one that will be punished at the polls this November.

The Obama administration continues to argue that its massive federal-spending campaign is essential to economic recovery. Yet the latest GDP report from the U.S. Department of Commerce shows that the 3.2 percent first-quarter economic growth rate got no help from government spending.

In fact, combined federal, state, and local spending actually fell 1.8 percent. What’s more, over the last three quarters of a mild V-shaped recovery, with an average quarterly rebound of 3.7 percent, government spending actually exerted a small net drag (-0.03%) on growth.

I guess it’s time to ask our Keynesian friends in and out of government what exactly happened to those vaunted multiplier effects they so loudly proclaimed. So far, there is zilch effect.

Turns out that all those entitlement transfers of income borrowed and taxed from Peter to pay Paul have made no direct contribution to the nation’s production of goods and services. This, however, comes after $318 billion of spending through April 23, according to the website recovery.org.

Pretty expensive fiscal habit, wouldn’t you say? But for what?

Posted by: bumblingberry | May 10, 2010 12:05 PM | Report abuse

There is a striking mismatch between the White House’s populist rhetoric about seeking a justice with a “keen understanding of how the law affects the daily lives of the American people” and the reality of the Kagan pick. Kagan is the consummate Obama insider, and her meteoric rise over the last 15 years—from obscure academic and Clinton White House staffer to Harvard law school dean to Supreme Court nominee—would seem to reflect what writer Christopher Caldwell describes as the “intermarriage of financial and executive branch elites [that] could only have happened in the Clinton years” and that has fostered the dominant financial-political oligarchy in America. In this regard, Kagan’s paid role as a Goldman Sachs adviser is the perfect marker of her status in the oligarchy—and of her unfathomable remoteness from ordinary Americans.

Posted by: bumblingberry | May 10, 2010 11:59 AM | Report abuse

drinl I am curious of your post that claims
Fiorina now insanely supports Ca offshore drilling something even Anold finds offensive. Do you have that link? Her backtracking and now being multiple choice on abortion and now
promoting offshore drilling is political
suicide in Ca. but I have no problem with
that.

Posted by: leichtman1 | May 10, 2010 11:43 AM | Report abuse

So, we've gotten to the point where being elite and brilliant is a negative even for the Supreme Court? Once again, Republicans, if you are really serious about any of these things (like actually lowering the deficit, doing something about illegal immigration, getting oil drillers to have plans for catastrophe before they drill), how about starting it on your own watch? Scalia and Roberts: Harvard. Alito: Yale. Didn't seem to bother you then, just like you didn't do anything to stop huge deficits, illegal immigration, finance industry shenanigans, and unsafe drill-baby-drilling.

Posted by: NomoStew | May 10, 2010 11:37 AM | Report abuse

mark is correct in his analysis of the legal
distinctions b/w a corp and an individual
but this is some of the evolving history which first established their identity as having some similar rights under the 14th amendment:


"In the United States, corporations were recognized as having rights to contract, and to have those contracts honored the same as contracts entered into by natural persons, in Dartmouth College v. Woodward, decided in 1819.
In the 1886 case Santa Clara County v. Southern Pacific Railroad, 118 U.S. 394, the Supreme Court recognized that corporations were recognized as persons for purposes of the 14th Amendment.[1][2]"

and an example of how the constitution has been historically been recognized by the US Supreme Ct as a living breathing entity; a concept that drives the right absolutely nuts.

Posted by: leichtman1 | May 10, 2010 11:37 AM | Report abuse

"Fiorina and DeVore restate their support for those on the no-fly list being able to buy guns. Today's Republican Party...

Chuck DeVore: Solution to Wall Street problems is less regulation and less taxes. Okay...

Tom Campbell attacks Ronald Reagan for backing a path to citizenship for undocumented immigrants. A real moderate...

Watching the GOP's CA-Sen debate. Fiorina and DeVore working overtime to show themselves in favor of off-shore drilling... "

What a clown show. Fiorina and DeVore damn themselves to defeat in the general... go for it, people.

Posted by: drindl | May 10, 2010 11:36 AM | Report abuse

The Maine Republican party drives over the cliff:


"The official platform for the Republican Party of Maine is now a mix of right-wing fringe policies, libertarian buzzwords and outright conspiracy theories.

The document calls for the elimination of the Department of Education and the Federal Reserve, demands an investigation of "collusion between government and industry in the global warming myth," suggests the adoption of "Austrian Economics," declares that "'Freedom of Religion' does not mean 'freedom from religion'" (which I guess makes atheism illegal), insists that "healthcare is not a right," calls for the abrogation of the "UN Treaty on Rights of the Child" and the "Law Of The Sea Treaty" and declares that we must resist "efforts to create a one world government."

It also contains favorable mentions of both the Tea Party and Ron Paul. You can read the whole thing here.

Dan Billings, who has served as an attorney for the Maine GOP, called the new platform "wack job pablum" and "nutcase stuff."

indeed. the teatard rabies is spreading.

Posted by: drindl | May 10, 2010 11:26 AM | Report abuse

Not at all, leichtman. Corporations can sue and be sued and buy and sell property like individuals, but that is about the end of the similarity. It is lawful to tax them differently. It is lawful to disallow them to vote. It is lawful to disallow them access to family courts for the purpose of adopting individuals. It is lawful to limit their structured existence in scope, in life, and even in internal regulation.

My across the board criticism is about her notion that wealth derives from the government. A corporation for profit is a state invented legal fiction for the purpose of acquiring capital from investors while shielding the investors from third party liability of the entity. The state takes a hand there in encouraging wealth creation. The same cannot be said rationally about a natural person, but Kagan said it, loud and clear.

Posted by: mark_in_austin | May 10, 2010 11:16 AM | Report abuse

cillizza wrote: "Momentum, at the moment, is all on Sestak's side although Specter retains two aces in the hole: 1) the support of President Obama who has lent his voice to radio ads running in the Philadelphia area in support of Specter"

we saw what obama's support did in new jersey, virginia, and massachusetts. cillizza, why is obama an ace in the hole for specter? more like a worthless two of clubs if you ask me.

Posted by: doof | May 10, 2010 11:15 AM | Report abuse

Karzai to meet with berry this week. I hope he doesn't arrive at the dinner hour.

Posted by: Moonbat | May 10, 2010 11:11 AM | Report abuse

"That notion that corporations are no different from persons" as much as I have
always had problems with that legal concept mark, hasn't that legal theory been pretty much settled corp law for over 100 years, with the exception of the restrictions found in the 1907 Tillman Act?

curious if you think Senators will dare to tip
toe around the Az statute, improper how that
questioning might be.

Posted by: leichtman1 | May 10, 2010 11:03 AM | Report abuse

Solid choice- ethically, legally, judicially and politically. There is no reason that anyone should be opposed to this one. The court will be 33% female- still not the 52% of the population that women are- but a lot better than our ratio in the executive branch has ever been.

Posted by: NYClefty | May 10, 2010 11:02 AM | Report abuse

This is how unbearably stupid this is going to get:

"In addition to her kicking military recruiters off Harvard’s campus during wartime and being paid for a comfy position on a Goldman Sachs advisory board, this passage (from this article) nicely captures Elena Kagan’s remoteness from the lives of most Americans:

Kagan … is such a product of New York City that she did not learn to drive until her late 20s. According to her friend John Q. Barrett, a law professor at St. John's University, it is a skill she has not yet mastered."

Posted by: drindl | May 10, 2010 10:59 AM | Report abuse

Is Harvard the only good school in this country? What's with all the Harvard cronyism and elitism?
This is NOT diversity, when everyone you pick went to an Ivy League school!
This is B.S.

Posted by: ohioan | May 10, 2010 10:56 AM | Report abuse

#1:

See

http://www.scotusblog.com/wp-content/uploads/2010/03/Private-Speech-Public-Purpose.pdf

This is a link to her most widely quoted law review article. Go to page 464 and read to page 472. See the footnote 143 at page 465. There she makes the argument that the AUSTIN case is an anomaly. To limit corporate contribution/speech rights "...on the ground that corporate wealth derives from privileges bestowed on corporations by the government. Id.
But this argument fails, because individual wealth also derives from governmental action."

That notion that corporations are no different from persons because all wealth derives from government action should be anathema to real liberals and real conservatives, alike.

BHO was her colleague at Chicago when she wrote that. Do I trust his objectivity about her? She had to pull her punches arguing "Citizens United" for the government if she still maintained her view expressed in that law review article. I do think she did limit her selection of arguments.

Posted by: mark_in_austin | May 10, 2010 10:53 AM | Report abuse

Kagan seems like the pick that everyone was looking for. She is well liked by a lot of people, and she was seen at Harvard as very fair and welcoming to conservatives. That 61-31 vote for confirmation as Solicitor General has to be promising, but I would draw a distinction between a confirmation vote for an administration post and for the Supreme Court. This is a life appointment, and the stakes are much, much higher. Kagan can expect a lot more scrutiny and opposition because of this. While some pundits, book publishers, and advocates recommend Kagan, we need to all support Obama's decisions.

Jacob, Editor
http://www.schieldenver.com
http://www.schieldenver.co.uk

Posted by: jacobpeters | May 10, 2010 10:53 AM | Report abuse

Liberal qualifications for high office:

must be minority

must be stealthy ultra leftist, no paper trail, no publications, no scholarship

must be willing to lie to be elected/approved

must be willing to overlook the law in order to seek leftist "justice"

must have loyalty to unions, communists, special donors

must have strong financial ties that can be disguised when needed

elite education and uber attitude essential, common sense need not apply

Posted by: Moonbat | May 10, 2010 10:52 AM | Report abuse

I wonder if this will have any effect on the Florida governor race? Turns out

Sure, you may think this Supreme Court thing is important. But what about the fact that Florida GOP gubernatorial candidate Bill McCollum paid George Alan Rekers (the now disgraced co-founder of the Family Research Council) over $60,000 in taxpayer dollars to serve as his !expert witness! on the evils of homosexuality. Also, Rekers' male escort "Lucien" broke his silence in an interview with CNN."

Lucien is the rentboy who 'anti-gay' crusader Rekers paid $16,000 to accompany him on a European tour...

Posted by: drindl | May 10, 2010 10:50 AM | Report abuse


Is Kagan the right choice for Supreme Court Justice? VOTE

http://www.youpolls.com/default.asp


.

Posted by: usadblake | May 10, 2010 10:47 AM | Report abuse

The nutballs are out of the gate:

"As soon as President Obama signed the Affordable Care Act into law, right-wing governors, attorneys general, and state lawmakers immediately began pushing measures to nullify the new health care benefits. However, even many conservative legal scholars acknowledged that their argument for the unconstitutionality of health reform was “weak” and nothing more than a political stunt. Nullification efforts around the country have largely lost momentum and failed to pass.

Nevertheless, this morning on Fox News, Sen. John Barrasso (R-WY) said that he wants to make this fringe view of health care reform a centerpiece of Solicitor General Elena Kagan’s Supreme Court confirmation hearing:

BARRASSO: The other issue is the health care bill that’s come out — there’s a mandate everybody in the country has to buy a product. That’s a 10th amendment issue. Twenty states right now, Martha, are suing the federal government, and she is going to have to make a decision if she’s on the court about how that goes forward with these 20 states suing. So where do states’ rights come in, where is the role of the federal government, what can they mandate to the American people, and I’m going to want to hear answers on that.

And this is very different than a year ago with Sotomayor. This was not an issue because we didn’t have this unpopular health care bill that’s been forced down the throats of the American people.

Barrasso also seemed to imply that he’ll make the second amendment into a litmus test for Kagan, saying, “The attorney general does not agree with my interpretation of the second amendment; I want to make sure this nominee does."

Posted by: drindl | May 10, 2010 10:47 AM | Report abuse

Could both parties swear a mighty oath not to pick any more Harvard or Yale graduates for anything for awhile. We have had those self-absorbed clueless people congealing our government for far too long. Self-congratulation is fine, if it doesn't cause massive public pain, but these people, for the last twenty year or so, have brought America to the brink with their financial ignorance and their incivility. Three jeers for Obama's choice.

Posted by: sailhardy | May 10, 2010 10:45 AM | Report abuse

hey zoukie -- how's the countess and the yacht, the porsche and the 'aryan children'?

wow, with all the stuff you still sure have a lot of time on your hands to spend here!

Posted by: drindl | May 10, 2010 10:43 AM | Report abuse

Hillary is promising "very severe consequences" for Pakistan. Still waiting for those on Korea and Iran.

We have become a world wide laughingstock. The worst thing that happens is your name is featured in paragraph three in the TelePrompTer.

The DOJ knee jerks and declares crazed gunman lone wolf tea bagger is the usual suspect. On the job training is not working out for the naive anti bush unicorn chasers.

Posted by: Moonbat | May 10, 2010 10:42 AM | Report abuse

When did Dick Cheney start using "Moonbat" as a User ID here at the Post? Geez Dick, go get a job, I'm sure Haliburton has SOMETHING you could do.

Given what appears to be the permanent political climate in Washington these days, you can expect the GOP to put up a fight if Obama's nominee is anything but an angry, old, conservative white male. Look for Lim-Beck's take on this, and watch the party "true believers" fall in line. . .

Posted by: logicdog | May 10, 2010 10:39 AM | Report abuse

Makes sense, flintston, you do sound ad though you've had brain surgery... performed by a gardner or a cook.

Wouldn't matter who he picked, the filth would post the same.

Hey shutterbug, speak German? I do. Austrian German is substantially different from Germany German. Ponder the possibility that you don't know what you're talking about.

At least you can drive a Tivo and an iPod. Relish in your talents.

Posted by: Noacoler | May 10, 2010 10:35 AM | Report abuse

Those who would oppose any proposal for a Democratic president would worry about excessive liberalism. Some worry that Kagan has been a judge, Kagan Supreme Court http://usspost.com/kagan-supreme-court-9492/


Posted by: susan166 | May 10, 2010 10:30 AM | Report abuse

flinston, people like you gave us Clarence Thomas...farmer or a doctor, highest court in the land...

Speaking of perfectly stupid, tell us about how wonderful Clarence Thomas is...his lonely dissent on the pubescent girl strip search case is his signature work, his manifesto, it defines his ouvre as a jurist.

Posted by: shrink2 | May 10, 2010 10:29 AM | Report abuse

"She's a lesbian"
and your point and precisely should we care ????????????

so is my mayor.

interesting that I knew that ugly sentiment would be the first diatribe out of the GOP door immediately on her selection. Oh how predictable/and boring.

Posted by: leichtman1 | May 10, 2010 10:28 AM | Report abuse

wonder how europe suddenly come up with 1 trillion euros to bail out Greece. feds must have given them our printing presses.

Posted by: doof | May 10, 2010 10:26 AM | Report abuse

Cillizza cynically claims that "there will be some calls within GOP strategic circles to slow the process down to ensure a deep dig on Kagan". Well now, what is wrong with that? Should we expect anything less from the confirmation process?

Posted by: bubba31138 | May 10, 2010 10:25 AM | Report abuse

In the course of throwing a hissy-fit over how the new media criticize him, our super-genius president admits he's too dumb to work an iPod or other electronic devices routinely mastered by ten-year-olds.
"With iPods and iPads and Xboxes and PlayStations, -- none of which I know how to work -- information becomes a distraction, a diversion, a form of entertainment, rather than a tool of empowerment, rather than the means of emancipation," Obama said.
One of our trolls asserted a few weeks ago that "Obama is smarter than you." Evidence is still wanting. I can work all of those things, *and* program a TiVo.

Also, I know how many states there are, how to pronounce "corpsman," and that there is no such language as "Austrian."

Posted by: Moonbat | May 10, 2010 10:24 AM | Report abuse

Why did he appoint Kagan?

She's a legal theorist just like he is. His appointmenet of her therefore serves to validate his lofty opinion of himself.

She's a lesbian. His appointment of her makes all his liberal constituents feel good.

Both of these, of course, are perfectly stupid reasons for selecting a person to sit on the highest court in the land. Give me a farmer or a doctor, anybody but a silly law professor.

Posted by: flintston | May 10, 2010 10:23 AM | Report abuse

Wow, the equity markets go crazy again. Europe promises to print even more money and ...it works? Like were people worried last week that that was not going to happen?

If sovereign debt fails now, the world is in for a world of hurt. Sure it will fail later, but we'll all get out before that happens, right?

Posted by: shrink2 | May 10, 2010 10:23 AM | Report abuse

sorry zouk the contest is over and 37th has won.
Last night I asked how long it would take for the nasty comments to come from the radical right here about Kagen. I naivly guessed it
would take 24 hours for the Kagan hate to spew
here. 37th took 1 hour from the start of my contest but 12 hours before the official
announcement; 37th might still be in the running though b/c his hateful Kagan rants actually started 4 minutes after the official announcement was made.

so who wins the t-shirst contest CC? 37th or zouk?

by the way William Rehnquist was never a judge before his selection to the USSCT, doubt conservatives complained about his selection.

Posted by: leichtman1 | May 10, 2010 10:23 AM | Report abuse

Re Kagan's judicial experience: while it's uncommon for a SCOTUS nominee to have served no time on the bench, it's not without precedent. The last nominee to do so, however, was, oh, nearly 40 years ago. The guy's name was William Rehnquist.

Posted by: dcgrasso1 | May 10, 2010 10:18 AM | Report abuse

She looks to be over the three cat threshold.

Posted by: Moonbat | May 10, 2010 9:07 AM
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
She looks so beautiful, to me...
Can't you see?

Posted by: shrink2 | May 10, 2010 10:17 AM | Report abuse

No one else in the Obama administration has any idea what they are doing. Why should his court choice be any different??

Financial service goes after private companies, ignoring fannie, who asked for 8 billion this morning, and Freddie who wanted 14 billion last week.

EPA had no plans to deal with any oil spill and takes two weeks to consider making any move.

FEMA waits until the flood recedes until it takes a look

berry sucks up to Syria and throws Israel under the bus? What planet?

Judges just need to have empathy to be able to overlook the law and feel for the people. Will she feel illegal immigrants don't need to follow the law? The one case she "felt" was proper was laughed out if court.

Posted by: Moonbat | May 10, 2010 10:04 AM | Report abuse

Oh the irony.. an unemployed loser with a dozen monikers who runs Walter Mitty fantasies about his fictitious achievements comes on here in the early AM to make up junk about others who have "no experience."

if zouk ever developed an ironic sense it'd take an Olympic sprinter to beat him to the sink and the single-edge. Do the world a favor, shutterbug, open it today.

Come on let's have your 100% predictable daily spew, loser.

Posted by: Noacoler | May 10, 2010 9:48 AM | Report abuse

I guess berry forgot he gave an iPod to the queen.

Berry thinks the government ought to handle all this stuff. Which would you rather do today, go to the mall and browse the Apple store or spend the day getting the run around from the IRS?

Berry can't even make a move on an enormous oil spill for 10 days. Didn't realize there was a flood for a week. Still can't understand terror attacks. Trying to figure out the serious consequences for Korea, from two years ago.

Why won't the press report what a joke these bumblers are?

Posted by: Moonbat | May 10, 2010 9:34 AM | Report abuse

zouk's rates women three ways:

attractiveness
youth
availability.

The rest of us expect something more from a Supreme Court justice.

Posted by: margaretmeyers | May 10, 2010 9:31 AM | Report abuse

notice I clearly stated it SHOULD BE enough
for Orrin Hatch.

Posted by: leichtman1 | May 10, 2010 9:30 AM | Report abuse

leichtman writes
"If Ted Olson endorses her integrity that should be enough for the likes of Orin Hatch and the GOP."

Perhaps that was once true, but come November, Orrin Hatch will be the more liberal senator from Utah.

Posted by: bsimon1 | May 10, 2010 9:26 AM | Report abuse

billions more for Hailey Barbour and Bobby
Jindall. Tell Congress NO BAILOUTS for
R Governors who beg for big government
handouts.

Posted by: leichtman1 | May 10, 2010 9:25 AM | Report abuse

Another 8 billion for Fannie today? Get it from Bawney, he says there is no pwobwem.

Europe has Maxed out it's credit cards and can't pay it's minimum. Solution. Give them another card.

Berry says information is bad. Could it be that finding out what a fraud he is could be bad for him.

Will nappy figure out there is a flood this week? Will berry hear about the oil spill? Will holder find out there are jihadists? Will Clinton find out Iran is about to get nukes. Helllo. Is anyone home???????

Posted by: Moonbat | May 10, 2010 9:16 AM | Report abuse

Farlington,
Skip Vidalia, I have heard some mixed reveiws of the place lately. Come over to H street and try out Liberty Tree, or Founding Farmers if you've never been. Not as swanky but great food at both.

Posted by: AndyR3 | May 10, 2010 9:16 AM | Report abuse

please, please, tell us more Mr. Photographer about your brilliant knowledge about legal scholarship. We are all hanging on your every word on this topic.

Posted by: leichtman1 | May 10, 2010 9:13 AM | Report abuse

#1 - Confirmed 58 - 42.

#2 - Looking forward to Sestak/Toomey.

#3 - Critz by 6.

#4 - Money money money. MONEY!

#5 - Love to do it, but got a date with the missuz. Ceiba or Vidalia.

BB

Posted by: FairlingtonBlade | May 10, 2010 9:10 AM | Report abuse

She looks to be over the three cat threshold.

Posted by: Moonbat | May 10, 2010 9:07 AM | Report abuse

personally I don't think that failed photographers ought to be lecturing us as to which nominee is qualified to sit on our highest court.

Posted by: leichtman1 | May 10, 2010 8:55 AM | Report abuse

"She is very, very highly respected by everybody I know," said Theodore B. Olson, a former Bush solicitor general who is a stalwart of the Federalist Society. He said Kagan has been "very gracious" to conservative students and faculty at Harvard, "and that isn't always the case at law schools around the country." although I never recall poitics entering discussions at my lawschool, how about you mark if you are up.

If Ted Olson endorses her integrity that should be enough for the likes of Orin Hatch and the GOP but not likely. Expect an absolutely full frontal assault on her w/i the next 24 hours by the GOP. At this site the nasty attacks began 12 hours before her selection became official. That has got to be some kind of world record and deserves a tshirt CC. GOP strategy has become so predictable, its boring.

She shouldn't be asked about future cases very likely to reach the SCT but expect her to be asked by Shelby and Demint about the Az profiling law, guaranteed.

Posted by: leichtman1 | May 10, 2010 8:50 AM | Report abuse

First a present ident with no experience. Turns into a disaster.

Now a judge with no experience?

Posted by: Moonbat | May 10, 2010 8:30 AM | Report abuse

Kagan seems like the pick that everyone was looking for. She is well liked by a lot of people, and she was seen at Harvard as very fair and welcoming to conservatives. That 61-31 vote for confirmation as Solicitor General has to be promising, but I would draw a distinction between a confirmation vote for an administration post and for the Supreme Court. This is a life appointment, and the stakes are much, much higher. Kagan can expect a lot more scrutiny and opposition because of this.


I wonder, too, how long it's going to take before right-wing pundits launch into speculations on Kagan's sexuality. The flap a couple weeks ago when CBS featured a blog post describing Kagan as gay drew a fiery response from the White House insisting otherwise, and CBS ended up backtracking on the post. Regardless of any facts on the matter, I expect this to turn into a minor storm at the very least. Who knows, though? Maybe it will work to Kagan's advantage. If she is seen as a martyr to a lot of baseless personal attacks, some senators may discover that they have a harder time voting against her.

What is certain, however, is that without a track record on the bench, everything else about Kagan is going to be scrutinized all that much more.

Posted by: blert | May 10, 2010 8:24 AM | Report abuse

With the Kagan SCOTUS pick, President Obama appears to be saying, "Damn the torpedoes, full speed ahead!" when it comes to advancing a progressive social agenda.

So, Mr. President, as you display a willingness to engage, why not FINALLY move to restore human and civil rights -- and call to account the Bush-Cheney leave-behinds who are responsible for ongoing government atrocities now being committed on YOUR WATCH?


HOMELAND FUSION CENTERS SILENTLY ASSAULT, IMPAIR 'TARGETED' AMERICANS WITH CELLULAR 'TORTURE TOWER' MICROWAVE RADIO FREQUENCY WEAPON SYSTEM: VETERAN JOURNO

• Obama administration does nothing to stop Bush-Cheney- spawned electromagnetic torture and subjugation, franchised out to a federal-local fusion center "Gestapo" network, says reporter exposing Homeland "torture towers:"

All of those cell towers you see all over America -- and other nations -- are NOT all for phone calls.

Some of them are TORTURE TOWERS -- part of a nationwide microwave/laser radio frequency "directed energy weapon" system that is being used by operatives of the multi-agency Homeland Security-run "fusion center" network to silently torture, impaiir, and physically and neurologically degrade the functioning and well-being of extrajudicially, unjustly '"targeted" citizens.

And apparently, the genocidal use of this precision-targeted domestic weapon system to attack and harm U.S. citizens is being done WITHOUT THE KNOWLEDGE AND CONSENT OF CONGRESS or high state officials.

Veteran mainstream media journalist Vic Livingston reports:

http://www.nowpublic.com/world/u-s-silently-tortures-americans-cell-tower-microwaves
http://nowpublic.com/world/gestapo-usa-govt-funded-vigilante-network-terrorizes-america
OR http://NowPublic.com/scrivener re: "Obama: Take Down Fusion Center Gestapo..."

Posted by: scrivener50 | May 10, 2010 8:10 AM | Report abuse

I think Kagan is a good choice, and I think she will get rated extremely high by the Bar association. Also from everything I have heard the folks at Harvard Law loved her. I also think it will be hard for the GOP to sustain a filibuster on someone that they have already confirmed for Solicitor general. I would have preferred Diane Woods or Liu for this post but I think he will get his chance at the next opening.

The tightening of the race between Sestak and Specter is to be expected. Sestak has started spending his cash and it is showing. The thing is that Specter has three times as much money and I would expect him to come out swinging. The race will be closer than I thought, but I still think Specter will win it in the end.

I wonder how much the GOP governor's primary in FL will be affected by Crist's move last week. If the moderates decide not to vote in the primary then that could really damage McCollum's chances. Either way a nasty primary will help Sink's chances, so I think Dems should be very pleased with the collateral damage from the Rubio-Crist in fighting.

Posted by: AndyR3 | May 10, 2010 8:08 AM | Report abuse

Are you unemployed? With new Obama Health Care Plan, Government is going to insure additional 33 Million people. There is going to be huge demand for Medical Assistants, Medical Billing, Medical Coding, Pharmacy Assistant & Pharmacy Technician across the nation at least a million. We can help you get a training during weekends and evenings and get a degree in few months. The course is easy, contact for free information at http://ow.ly/1G7jI make use of this opportunity

Posted by: RileyCecile | May 10, 2010 7:18 AM | Report abuse

The comments to this entry are closed.

 
 
RSS Feed
Subscribe to The Post

© 2010 The Washington Post Company