"What the hell is that all about?"
“What the hell is that all about?”
There's a half-good piece in the New York Times today that looks at why so many liberals are disappointed -- some vocally, others in that resigned beaten-down way that liberals so often have -- over the nomination of Elena Kagan to the Supreme Court:
In many ways, this reflects how much the nation’s long war over the judiciary has evolved since Ms. Kagan was a child. While the American left back then used the Supreme Court to promote social change in areas like religion, race and abortion, today it looks at it more as a backstop to defend those rulings. The right, on the other hand, remains aggrieved and has waged an energetic campaign to make the court an agent of change reversing some of those holdings.
Along the way, conservatives have largely succeeded in framing the debate, putting liberals on the defensive.
Liberals on the defensive? Gee, that's never happened before. Here's the money quote cited in the headline:
“Why do the conservatives always get the conservatives, but we don’t get to get the liberals?” Senator Tom Harkin, Democrat of Iowa, asked the Web site Politico recently, voicing the frustration of the left when Ms. Kagan was considered a front-runner but was not yet Mr. Obama’s selection. “What the hell is that all about?”
The reason I call the Times article "half-good" is that while it asks the right question, it doesn't come close to giving an answer. Ironically, I think the real answers are more to be found in the guts of this excellent column that ran elsewhere in the Times today, by the pride of Radnor, David Brooks. You should read it -- I'm hoping to riff on these issues in a post later this week.
Meanwhile, I also tackled Kagan in today's Daily News. This is my favorite issue that's been raised about her so far:
Some conservatives don't like it that Kagan didn't get her driver's license until her late 20s: Seriously! Conservative Ed Whelan, writing at the National Review Online, complained that the fact that the native of Manhattan's Upper West Side (where cars are highly impractical) didn't get her license for more than 10 years after becoming eligible "nicely captures Elena Kagan's remoteness from the lives of most Americans."
Comments (32)
Elena Kagan does not measure up as a stellar candidate for the highest court...We need an African American female.— Baule- As usual, wrong premise floated. Why do conservatives always get Conservatives? Like David Souter, Like John paul Stevens himself, both liberals nominated by republicans. Name a single democratic nominee that hasnt been a down the line liberal Justice? What do you think the left would do if Obama nominated someone who turned out to be as far froma liberal as Souter was a Conservative?— tr88
- We know very little about this nominee, but from what we do know, she hardly seems to have the credentials for a lifetime appointment to SCOTUS. She prepared a senior thesis on the socialist movement in New York, but aside from that, has not done much scholarly writing. She spent a few years as an associate in a big firm, which means in all likelihood she reviewed documents and didn't leave her office very much. Some time with Clinton, some time as Harvard dean. Very disappointing that this is the best that Obama can come up for SCOTUS.— jfar86
- montani writes: "The decision in Brown v Bd of Ed Topeka reversed Plessy v Ferguson, of course." Fine point of law, montani. Actually, the Court did not reverse Plessy in Brown. Instead, it ruled that in public education "separate" is inherenty unequal. So, while technically Plessy remained the law, Brown was its death knell, as in many other factual contexts subsequent S.Ct. opinions extended Brown. Yes, the do occasionally, not often, change their votes. I was just amused that Kagan was already changing her views/"votes" for political gain.— pj katauskas
"..but so would a Quaker, Episcopalian, Baptist..." . . . . . I'm still unclear why you think faith is an important element of diversity on the Court. What does a Quaker have to offer that a Buddhist doesn't?- "One thing she won't be able to do on the bench, which you point out she is doing now, is dissenting from her own opinions." . . . . . The Court does reverse itself from time to time. The decision in Brown v Bd of Ed Topeka reversed Plessy v Ferguson, of course. But more recently Bowers v Hardwick (1986) was reversed in Lawrence v Texas (2003), in which J. O'Connor switched her prior vote in Bowers, and agreed that sodomy is protected by the right to privacy.
- I think Mr. Whelan demonstrated his own "remoteness" from the issues by betraying his inability to grasp why ALL Manhattanites (not just those nominated for office)find it impractical to own a car or not obtain a license immediately when eligible. Or is he just another wingnut that doesn't have to believe what they say is correct, as long as it sounds good.
- Very funny, RG!!— pj katauskas
- She was against dodging questions before she was for it.— RG
- Interesting, RG. Thanks. One thing she won't be able to do on the bench, which you point out she is doing now, is dissenting from her own opinions. Pretty funny. What, was she mistaken or unenlightened when she wrote that in 1995?— pj katauskas
- “Why do the conservatives always get the conservatives, but we don’t get to get the liberals?” What a whiner! Tom, news flash, you didn't get the liberals to the bench because you didn't control the White House for 8 years. And because Roberts and Alito had impeccable professional experience.— pj katauskas
- Muslim or Hindu is fine, but so would a Quaker, Episcopalian, Baptist, or a grad from an outstanding law school like, University of Michigan, University of Texas or Duke. My point is that people from different backgrounds, hometowns, universities, and religions bring a different perspective to the issues before them and that diversity and changes in approach is important, at least to me, in the people that will sit on the Supreme Court bench for the next 20 or 30 years.— lance71
- Well, she's already flip flopped once. I'm sure she'll be consistent on the bench. "The White House Monday said that Supreme Court nominee won’t follow her own advice from 1995 in answering questions on specific legal cases or issues, supporting Kagan’s flip flop on the issue that she first made a year ago. Kagan wrote in 1995 that the confirmation process had become a “charade” because nominees were not answering direct questions, and said they should have to do so." Read more: http://dailycaller.com/2010/05/10/elena-kagan-no-longer-thinks-supreme-court-nominees-should-have-to-answer-direct-questions/#ixzz0ndeOOaJP— RG
- I nominate Joey Vento or Judge Seamus McCaffery— KevinRx
- Les, do we really need more Yale eggheads?
"Another Harvard egghead. Just what the doctor odered." Well, maybe we should look for another Clarence Thomas who hasnt spoken a word during arguments for something like 3 years. A great Regressive mind there!— Les Ismore
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- "Maybe we don't need so many New Yorkers or Jews or Catholics or Harvard Law grads." . . . . . . Maybe we don't. We need good legal minds. New York happens to be a really important place where big law firms attract the best legal minds. Harvard has the same peculiar effect for the best wannabes in the country. What I don't get is why their faith is relevant to you. Maybe you want a Moslem or Hindu?
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- While I am not sure anyone outside of Harvard or Washington knows all that much about her, my question here is the national (geographic, cultural, educational, religious) diversity that I think this selection lacks. Just strikes me that if we want rich and diverse opinions, the court should better reflect the depth and width of our nations population, Maybe we don't need so many New Yorkers or Jews or Catholics or Harvard Law grads. ( 6 of 9 New Yorkers, 6 of 9 Catholics, 3 of 9 Jews, 6 of 9 Harvard law)— lance71
- Cicero -- if you are referring to the bomb attack in Iraq yesterday, I think you are misreading Iraq. Iraq is actually doing very well - the measure of success there ISN'T a lack of bomb attacks. It's how well is the country's economy doing, how is the political process doing, how are their police organizations doing, etc... You aren't going to stop bomb attacks for a long time there.— IggleFan68
- apa, my complaint about your post was about you whining that Will doesnt write about what YOU want. As far as the ivy vs. others, I agree on that point though I am not a JD. In fact, if you look at the CVs of the captains of industry, you will find the majority of them are from great state and private institutions. Having worked at both Ivy and state institutions, I think the biggest differences are the background of the students, not so much the quality of the education.— Les Ismore
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- E.Pleb -reread your own post. Vast majority of marginalized minority is disconnected from "real Americans". Sounds like a lot of people in agreement with each other, and connected to each other to me. I can't wait until Nov when you and the rest of the libbie loons on here can eat those words "marginalized minority". First, it hardly seems as if conservatives in America are marginalized. In fact, they seem to be framing the debate and issues in this country quite well. Somehow, they managed to hold up the vote on the healthcare issue for MONTHS even though Dems had a bullet-proof majority. You see, THAT is the issue that is driving Will/libbie loons nuts. It's that conservatives and tea party folks have taken over the debate/issues which has been the property of liberals for a really long time.— IggleFan68
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- apa - Why dont you start your own blog and then you can post about whatever you want? Or better yet, go back to Glenn Beck, I am sure he will post to your pleasure...sheesh!— Les Ismore
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- Ed Whelan is as disconnected from "real Americans" as they come. Like the vast majority of the marginalized minority. The first instinct is to Hate Americans First. Doesn't matter what the reason is. In fact, for the marginalized minority, the less "reason" involved - the better. Don't bother them with "facts" - they rely on their gut. Which got them two terms of Bush - the recovering alcoholic they'd like to have a beer with. How's that working out for them?— E.Plebnista
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- I've said all along that Obama isn't the radical everybody thinks he is. Also, there aren't as many liberals as you think. If he overreaches to the left, you put the tea party whackjobs back in power, and we know how well that went.— SteveMG
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