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SUPREME COURT: Kagan might not be the best choice

Letter by Robert Randle, Tacoma on May 10, 2010 at 2:12 pm with 25 Comments »
May 11, 2010 9:15 am

Re: President Barack Obama’s choice of Solicitor General Elena Kagan to replace Justice John Paul Stevens.

All the present Supreme Court justices have served as a federal judges before being nominated to the nation’s highest court, but Kagan has not served in that capacity nor has she been a judge at all. It seems that Obama is more interested in placing someone on the bench who thinks like he does rather than selecting someone who is willing to apply the rule of law when making judicial decisions affecting the lives of millions of American citizens for generations.

While Kagan might have an impressive résumé and doubtless has an astute legal mind, it is not known what her judicial philosophy is or how impartial she can be. No doubt the Republicans on the Senate Judiciary Committee will subject her to some intensive questions and scrutiny, but at the end of the day, who wants to stand in the way of history?

Leave a comment Comments → 25
  1. Roncella says:

    The Beat Goes On. President Obama appoints another questionable person to a life long assignment that can negatively affect the Country in so many ways for so many years to come.

    I wonder if when Obama was screaming, Change and Yes We Can during his run for Presidency, many voters really understood the scope of the changes he had in mind for America.

    The Republicans need to stay the Party of No, at least until November.

  2. brymarbuch says:

    About one third of Supreme Court Justices have not been judges prior to serving. The most recent Supreme Court Justice without any judicial experience was Chief Justice William Rehnquist who died in 2005. He was appointed by Nixon in 1971. Prior to his appointment, he served as Assistant Attorney General in the US Justice Department.

  3. brymarbuch says:

    Elena Kagan would have had judicial experience on the U.S. Court of Appeals for the DC Circuit but her nomination in 1999 was blocked. The Senate Judiciary Committee’s Republican chairman, Orrin Hatch didn’t schedule a hearing for Clinton’s judicial picks so that Bush could pick his own candidates when he took office in 2001.

  4. Don’t tell anyone that this isn’t an unprecedented circumstance.

    Facts just get in the way.

  5. beerBoy says:

    A liberal site call this Obama’s Harriet Miers

  6. mattersnot1 says:

    How did Orrin Hatch know, in 1999, that Bush would be president in 2001?
    This nomination of Kagan is a Obama “In your face” move.

  7. Publico says:

    If she is willing to accept restrictions on abortions, she should be denied the position.

  8. As mentioned above, many Supreme Court members hadn’t been judges before they were appointed to the Supreme Court.

    Just the Chief Justices include:

    Chief Justices

    John Jay…………………………Governor
    John Rutledge………………….Governor
    Oliver Ellsworth………………..Senator
    John Marshall…………………..Secretary of State
    Roger Taney…………………….Secretary of the Treasury, U.S. Attorney General
    Salmon Chase………………….Secretary of the Treasury, Governor
    Morrison Waite…………………Lawyer
    Melville Fuller…………………..Representative
    Edward White…………………..Lawyer
    William Howard Taft…………..U.S. President
    Charles Hughes………………..Secretary of State
    Harlan Stone……………………Attorney General
    Fred Vinson……………………..Secretary of the Treasury
    Earl Warren……………………..Governor
    William Rehnquist…………….Assistant Attorney General

    From the evidence lack of prior judicial experience should not disqualify one.

    Those one the list run the gamut, from the best to the worst.

  9. Novelist3 says:


    How about trying to shove our own beloved Marines off Harvard’s campus? How about wailing that there aren’t enough “leftist’s leftists” in power in the US government? How about writing an entire essay mourning (and wishing for a return of) socialism in the 20th century?

    The woman’s got no bench experience, but the experience she does have sends chills down my spine.

  10. Her real credentials are she used to work for Goldman Sachs…

  11. Obama? In your face? no.

  12. brymarbuch says:

    I guess kind of skipped some history in my previous post. Senator Orrin Hatch could not have known that Bush would be president but he knew that Clinton wouldn’t be. He also thought he might be President. Kagan was nominated to the DC Court on July 19, 1999 and Hatch entered the Presidential race on July 1, 1999. He said at the time: “I believe in miracles — and it will take one to elect me.” He dropped out of the race in August. That summer he effectively ended the nominations of Clinton’s 2 DC Circuit Court choices Elena Kagan and Allen Snyder, by not scheduling a confirmation hearing.

  13. brymarbuch says:

    The Senate Republicans argument against Clinton’s nomination of Kagan and Snyder in 1999 was that the court didn’t need 12 justice, 10 were enough for the court case load. When Bush became President he decided that the Court did need 12 judges, he nominated John G. Roberts and Miguel Estrada for the 2 positions on the DC Circuit Court on May 10, 2001. At that time, the Senate was controlled by the Democrats they blocked these nominations.

    On January 7, 2003 when Republicans regained Senate control, Bush resubmitted his nominations for the DC Circuit Court. This was Robert’s 3rd nomination, he had also been nominated to this court in 1992 by the first President Bush, but that nomination expired when no hearing was held. The DC Circuit Court Judgeship seems to be the job training position for future Supreme Court Justices.

    The other nominee, Estrada was the first court of appeals nominee to be successfully filibustered by the minority Senate Democrats and he withdrew his nomination.

    The Democrats have done their share of obstruction of appointments. During Bush’s two terms 39 people he nominated for 27 federal appellate judgeships were blocked by Senate Democrats. Bush nominated 23 people for federal district judgeships that were never confirmed.

    Still, the courts have a majority of Republican appointees; this is because in the last 31 years, 20 have been under Republican prezzes. The current makeup of the 13 Circuit Courts combined is 59% appointed by Republican presidents and 41% by Democrats. With this nomination by Obama, the makeup of the Supreme Court will be 5 appointed by R’s 4 appointed by D’s

    Sorry for all this history, but it’ been interesting learning more about it.

  14. the3rdpigshouse says:

    The marxist anti-American “OH-Bummer” nominated KAGAN, so the people should be very, very worried that she may be confirmed!!!

  15. Why be worried? It’s almost a given she’ll be confirmed.

  16. Novelist3 says:

    I can respond to your post, loz, by inserting a single line in your own statement.

    Q. Why be worried?

    A. It’s almost a given she’ll be confirmed.

  17. Roncella says:

    What is it about Liberal Women being so ugly !!!

    Am I the only one to notice this ? Janet Reno, Ginsberg, Kagan, Gregoire, Murray, Cantwell, Hillary Clinton, Nancy Pelosi, Barbara Boxer, Rachael Maddow, and on and on and on.

  18. What is it about Liberal Women being so ugly !!!

    Am I the only one to notice this ? Janet Reno, Ginsberg, Kagan, Gregoire, Murray, Cantwell, Hillary Clinton, Nancy Pelosi, Barbara Boxer, Rachael Maddow, and on and on and on.

    What kind of comment is that?

  19. loz – it is the kind of comment one expects from someone who watches FOX for the newsmodels.

  20. Roncella says:

    beerBoy, I can add a few more, Napolatano, Barbara Strestrand, Jane Fonda, sorry if the shoe fits.

    Just read where Gregoire may get an assignment to replace Kagan, this is a decision I would applaud President Obama for making. Alleluia, the sun is coming out, over the Great State of Washington…..Amen….

  21. brymarbuch says:

    What is it about Conservative Men being so sexist !!!

  22. Novelist3 says:

    You’ll stop saying amen Roncella when you see the damage this woman will do to our nation.

    Her looks are absolutely irrelevant in every way, shape or form. What matters is what she would do when put on the bench.

  23. Roncella says:

    Novelist3, Your right of course. But I couldn’t resist pointing out the truth and having a little fun with the Liberal/Progressives who post here.

    Heres more homely Liberal females, Albright, Whoopie Goldberg, Joy Bayhard, the list is endless.

  24. beerBoy says:

    Ron……Jane Fonda?…….Have you seen Barbarella?

    Or, are you saying that conservative women have the good taste to disappear from view once they get older so as to not offend the sensibilities of the conservative men?

    Suddenly that RNC money going for a lesbian bondage bar starts to makes sense….

  25. brymarbuch says:

    Liberals vote based on qualifications not looks.

    Here’s a list of some Ugly* Conservative men: Mark Sanford, Larry Craig, John Ensign, Michael Duvall, Chip Pickering, Bob Livingston, David Vitter, Rudy Guiliani, Newt Gingrich, John McCain, Mark Foley, Ted Haggard, Bob Allen, Glenn Murphey, Gary Hart, Bill Clinton, and John Edwards (oops I guess the last 3 are liberals)

    *note: ugly is as ugly does

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