Monday, June 28, 2010


Kagen was a Bad Dean, will be a Bad Supreme Court Justice

There are a few great young scholars that have come out of Harvard Law (like Austin Bramwell). Among them is Ben Shapiro, who Ann Coulter pushed as a Supreme Court nominee when President Bush was looking to fill a vacancy on the Court.

Ben is in a unique situation because he has some experience with Elena Kagen, the ghost-like vapor with no real qualifications that President Obama has nominated to the Supreme Court. And, to listen to Ben and his tale of Kagen's blundering in Harvard's erroneous stand against the United States Military, what we do know should lead us to believe that Kagen has no place on the Supreme Court.

Now, Kagen told the Senate Judiciary Committee that she would be a model of impartiality and would act with deference to Congress. Of course, her lies before the Senate are as meaningless as Obama's campaign promises. Don't believe me? Obama's first SCOTUS nominee, Sonia Sotomayor, stated at her confirmation hearing that she saw situations where the individual right to bear arms existed. This was contrary to her prior opinions (as stated by Cato Institute Fellow David Kopel in his report to the Senate Judiciary Committee) and, today, to her vote with the minority in today's decision in McDonald v. Chicago.

It's interesting that the Right sees the problems with Kagen, just as they did with Harriet Miers. Yet, the Left - those who supposedly think for themselves and question authority - seem to march in lockstep with Obama's edict that Kagen is deserving of a lifetime appointment to the federal bench. They figure that if she's good enough for Obama, then she's good enough for them. Of course, if they keep putting forth intellectual lightweights as SCOTUS nominees, we will all suffer when the unfortunate day comes when Sotomayor or Kagen authors an opinion that actually manipulates a fundamental right.

It's interesting reading, for sure. The whole Kagen discussion probably amounts to nothing, because Senate Republicans don't have the cojones to band together and keep the unqualified nominee off of the bench. It doesn't make her more qualified, however, and we all need to realize that sooner rather than later.

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