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Senate approves Kagan...
Topic Started: Aug 5 2010, 03:09 PM (370 Views)
LTC8K6
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Assistant to The Devil Himself
Well, it's a done deal, as they say.
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kbp

I had hoped there would be someone a pinch more moderate, but anticipated this result. The good news is that the vote tally is the same, the bad news is how long she will hold that position.
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kbp

Quote:
 
White House Doesn’t Know, DOJ Mum on Whether Kagan Received Full Salary Since She ‘Ceased’ Full Duties as Solicitor General

Washington (CNSNews.com) – Neither the White House nor the Justice Department are saying whether Elena Kagan has been collecting her full government salary since she “ceased” performing her full duties as solicitor general after May 10 when President Barack Obama nominated her to serve on the Supreme Court. “I’d point you over to the Department of Justice on that. I don’t know what the pay records are,” White House Press Secretary Robert Gibbs told CNSNews.com. However, the Justice Department public affairs office has not responded to numerous inquiries from CNSNews.com on the matter.

snip


Maybe there is something in this mess that could bump her out after 2012 (wishful thinking!).
Edited by kbp, Aug 5 2010, 03:47 PM.
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wingedwheel
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Not Pictured Above
:pu: :puk: :pu2:
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LTC8K6
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http://www.powerlineblog.com/archives/2010/08/026931.php

Quote:
 
The Senate has confirmed Elena Kagan. The vote was 63-37. Five Republicans joined every Democrat except Ben Nelson to vote "yes." The five Republicans were, as expected, Senators Snowe, Collins, Graham, Gregg, and Lugar.

The "no" vote tally was pretty high -- up from 31 in Sotomayor's case -- but there's really no way for conservatives to put a positive spin on Kagan's confirmation.

To get a sense of what it means, think of the three big constitutional decisions rendered by district courts in the past week or two. They are: (1) Judge Bolton's grant of a preliminary injunction blocking key portions of Arizona's immigration enforcement law, (2) Judge Hudson's ruling permitting the Commonwealth of Virginia to proceed with its lawsuit challenging the portion of Obamacare that requires individuals to purchase insurance, and (3) Judge Walker's outrageous ruling that California's Proposition 8, which bans gay marriage, is unconstitutional.

If these matters reach the Supreme Court, as seems likely, I have no doubt that Kagan will side with those who challenge the Arizona immigration law and Proposition 8, and with the government in the case of Virginia's challenge to Obama care. But that's just the tip of the iceberg -- probably less than one year's worth of bad jurisprudence. Kagan is only 50 years old, so we can expect at least 25 years of the same sort of leftist assault on our traditional freedoms and the rights of our states.

The only way Kagan's confirmation doesn't become a disaster is if we are able to elect Republicans presidents pretty consistently during the next 22 years or so, starting in 2012, and thus can keep Kagan busy writing dissents.
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cks
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One can hope and pray that Ginsburg makes good on her promise not to retire and that a Republican will be at the helm of the executive branch and that the party will have a majority in the Senate the next time a court vacancy occurs.
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kbp

Quote:
 
Brewing legal disputes could define Kagan's early tenure

snip

Kagan began wooing Kennedy four years ago. As the dean of Harvard Law School, she invited him to be honored as a graduate of the class of 1961 and spoke glowingly of him as an independent-minded judge.

She noted Harvard University had published a recent ranking of its 100 most influential alumni, which put Kennedy in fourth place, higher than any other member of the Supreme Court.

"But judging is about more than power and influence. It's also, indeed most fundamentally, about independence and integrity," she said. "In fact, what Justice Kennedy has done, time and time again, in each and every case, is to think for himself. He probes. He questions. He tries to determine — putting aside any preconceptions or prejudices — which side of a dispute is truly right."

snip


"...judging is about more than power and influence. It's also, indeed most fundamentally, about independence and integrity"

I could overlook the "independence". That might be taken a few ways, so long as it was not meant to be independent of the text in the laws.

The “power” and “influence” sure say quite a bit. Certainly not the best words to use there!

The entire article is interesting, as it seems to touch on a few cases from a rather balanced look at them.
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comelately

kbp
Aug 5 2010, 03:47 PM
Quote:
 
White House Doesn’t Know, DOJ Mum on Whether Kagan Received Full Salary Since She ‘Ceased’ Full Duties as Solicitor General

Washington (CNSNews.com) – Neither the White House nor the Justice Department are saying whether Elena Kagan has been collecting her full government salary since she “ceased” performing her full duties as solicitor general after May 10 when President Barack Obama nominated her to serve on the Supreme Court. “I’d point you over to the Department of Justice on that. I don’t know what the pay records are,” White House Press Secretary Robert Gibbs told CNSNews.com. However, the Justice Department public affairs office has not responded to numerous inquiries from CNSNews.com on the matter.

snip


Maybe there is something in this mess that could bump her out after 2012 (wishful thinking!).
On the other hand, God has other ways of disposing of justices (and other people). Of course, we would not wish Ms. Kagan any kind of bad health or an accident - but He might not ask any of us... :pope:
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Concerned
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Lindsay Graham cites the "Golden Rule" as inspiration to vote for Kagan:

http://www.cnsnews.com/news/article/70676

(If this is his logic, then why doesn't Lindsay just cite the Golden Rule and vote along with the Democrats every time they bring forth a bill?)
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kbp

Concerned
Aug 10 2010, 12:21 AM
Lindsay Graham cites the "Golden Rule" as inspiration to vote for Kagan:

http://www.cnsnews.com/news/article/70676

(If this is his logic, then why doesn't Lindsay just cite the Golden Rule and vote along with the Democrats every time they bring forth a bill?)
He does vote along with the Dem's OFTEN.



***************


I should have put this post here, instead of the Open Thread. It applies to HOW the liberals hope to eliminate the problem of Kagan having to recuse herself, as new Justices often must for a year or two.

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Democrats working the back door?

How about the Kagan / Stevens tag team!

They'd hate to lose a vote if Kagan had to recuse herself.
Edited by kbp, Aug 10 2010, 09:40 AM.
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Concerned
Aug 10 2010, 12:21 AM
Lindsay Graham cites the "Golden Rule" as inspiration to vote for Kagan:

http://www.cnsnews.com/news/article/70676

(If this is his logic, then why doesn't Lindsay just cite the Golden Rule and vote along with the Democrats every time they bring forth a bill?)
Lindsey Graham is long overdue for a vacation - a really long vacation decided at the polls.
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kbp

http://www.cnsnews.com/news/article/70774

There may be more cases for Kagan to recuse herself than I had realized. She does have more history as an attorney on one side or the other than most judges have involving cases they had resided over.

Maybe the Dem's had been working on that 'tag team' solution for some time now and it just fits in even better with Kagan there now.
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