TeeJaw Blog

Obama Wants Elena Kagan On The Supreme Court — Republicans Should Filibuster

Posted in Government and Politics by TeeJaw on Monday, May 10, 2010, 9: 31 AM

Obama will announce today that his choice to fill the vacancy on the Supreme Court by Justice Stevens retirement will be Solicitor General Elena Kagan. Republicans and responsible Democrats should oppose her. She has little qualification outside of academia, and even there her accomplishments are of little note. Even liberal to the max law professor Paul Campos gets it on that. Of course, his main objection is unstated. She’s a bona fide liberal, but she has been civil to conservatives in the past. That’s an unforgivable sin in liberal academia.

The reason she should be opposed by conservatives and sane liberals is because as Dean of Harvard she has demonstrated that when the law conflicts with her personal views she is willing to disregard the law. That is a malady that already infects the Judiciary in America far too much.

Specifically she defied the Solomon Amendment at Harvard by barring U.S. Military recruiters from recruiting Harvard graduates on campus. Her Reason: She objects to another law of the land, the “Don’t Ask, Don’t Tell” policy enacted by a Democrat Congress in 1993 which prohibits openly homosexual individuals from serving in the Military. The Solomon Amendment is a law which states that any University that receives Federal funding shall not discriminate against Military recruiters on its campus. The Solomon Amendment and Don’t-Ask-Don’t-Tell are both the law of the land, but Kagan thinks her personal political view trumps the law.

Kagan defended her actions by referring to these laws as constituting “a moral injustice of the first order.” She engaged in her cheap moral posturing in the aftermath of 9/11 when American soldiers and marines were fighting and dying for their country in Afghanistan.

America has suffered enough from the antics of Supreme Court Justices who follow their personal political views in defiance of the law.

Under Kagan’s guidance Harvard joined Yale and other universities in a lawsuit arguing that the Solomon Amendment was unconstitutional. The argument made was so lacking in merit that when it got to the U.S. Supreme court even the liberals there could not stomach it, and the Solomon Amendment was upheld by a unanimous Court, a rarity on that august body.

Republicans have traditionally been too chicken to take a bold stand against liberal and lawless Supreme Court nominees of liberal Democrat presidents. This is an opportune time for them to show some backbone and use the Kagan nomination process to educate the country to the dangers of allowing self-absorbed individuals to sit on the Nation’s highest court. It will be good politics for the Republicans as well if they can muster the courage to do the right thing for once.

See also this comment by Ed Whelan and Do Ask, Don’t Confirm by William Kristol.

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