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Senate Confirmation Hearing For Elena Kagan - Supreme Court

 
 
Reply Sun 27 Jun, 2010 11:20 am
The hearing begins on June 28th and will consume three days. Barring something dramatic happening she will be confirmed to replace the now retired justice John Paul Stevens.
Democrats will praise her and rail against the conservative bent of the current court under chief justice John Roberts.
Republicans will question her lack of judicial experience and rail against the left's agenda for the future of the country.
It will probably be less about Kagan and more about scoring points ahead of the November election. I see long introductory statements from both Republican and Democrat Senators.
 
failures art
 
  1  
Reply Sun 27 Jun, 2010 11:29 am
@realjohnboy,
Well, what else is there to say? I guess the World Cup will be over so we'll need something else to watch as sport.

A
R
T
0 Replies
 
realjohnboy
 
  1  
Reply Sun 27 Jun, 2010 12:10 pm
Kagan, long before she was under consideration for an appointment to the Supreme Court, dismissed the hearing process as "vacuity and farce."
realjohnboy
 
  1  
Reply Sun 27 Jun, 2010 05:43 pm
Thud.
0 Replies
 
plainoldme
 
  1  
Reply Sun 27 Jun, 2010 06:48 pm
@realjohnboy,
You nailed it.
0 Replies
 
realjohnboy
 
  1  
Reply Sun 27 Jun, 2010 07:08 pm
*Kagan has never been a judge. She has rarely appeared in a court arguing a case.
Her lack of judicial experience will make her, to some, unqualified to sit on the Supreme Court.
*She worked in the Clinton White House. At least one Senator describes her as being "a political operative."
*Kagan has expressed admiration for the Isreali Chief Justice Aharon Barak. I am not sure what that is all about.
*As the Dean of the Harvard Law School she supported denying the military access to campus recruiting because the military had a policy of not hiring homosexuals.
A two-fer on this one: anti-military and pro-gay.
*And, while this will never come up in the hearing, there is this: is Elena Kagan a lesbian.

Her views on judicial philosophy will be discussed, of course, in the abstract. Abortion and gun rights could also come up.

The Supreme Court in particular and things relating to law in general are not my long suits. Any observations from others would be appreciated.
roger
 
  1  
Reply Sun 27 Jun, 2010 07:13 pm
@realjohnboy,
On the pro-gay and anti-military positions, I think the theory is that the military discriminates against gays, and it is not Harvard's policy to permit recruiting by employers that discriminate. I don't know if the argument works, but it isn''t new.
0 Replies
 
realjohnboy
 
  2  
Reply Sun 27 Jun, 2010 07:42 pm
Hi, Roger. I have an uncanny ability to start threads that attract very little interest.
You are correct, I think, about Harvard's position regarding on-campus recruiting. At Harvard and at other institutions, employers who had a stated policy of not hiring homosexuals could not recruit on campus. The military had such a policy.
Anti-military? Pro-gay rights?
Kagan found herself/got herself in the middle of that.
0 Replies
 
plainoldme
 
  1  
Reply Sun 27 Jun, 2010 08:02 pm
@realjohnboy,
Re: her admiration for Israeli Chief Justice Aharon Barak:

Antonin Scalia also admires him. Kagan, in turn, has good things to say about Scalia.

Her real hero is Thurgood Marshall.
realjohnboy
 
  1  
Reply Sun 27 Jun, 2010 08:29 pm
@plainoldme,
Duly noted Pom. I knew that regarding Scalia. I am not up to speed on who Aharon Barak is and why admiring him might be an issue.
0 Replies
 
revelette
 
  1  
Reply Mon 28 Jun, 2010 02:57 pm
Quote:
*As the Dean of the Harvard Law School she supported denying the military access to campus recruiting because the military had a policy of not hiring homosexuals.


Quote:
Harvard Law data: Military recruitment not dimished by Kagan's tenure
Harvard students had access to military recruiters during Kagan's entire tenure as dean. Throughout Kagan's tenure as dean, Harvard law students had access to military recruiters -- either through Harvard's Office of Career Services or through the Harvard Law School Veterans Association. Kagan became dean of Harvard Law in June 2003. In accordance with Harvard's pre-existing nondiscrimination policy, she barred the school's Office of Career Services (OCS) from working with military recruiters for the spring 2005 semester after the U.S Court of Appeals for the 3rd Circuit ruled that law schools could legally do so. During that one semester, students still had access to military recruiters via the Harvard Law School Veterans Association. During the fall 2005 semester, after the Bush administration threatened to revoke Harvard's federal funding, Kagan once again granted military recruiters access to OCS.


Quote:
Since 1979, the law school has had a policy requiring all employers who wish to use the assistance of the School's Office of Career Services (OCS) to schedule interviews and recruit students to sign a statement that they do not discriminate on the basis of race, gender, sexual orientation, and so on.

For years, the U.S. military, because of its "don't ask, don't tell" policy, was not able to sign such a statement and so did not use OCS. It did, however, regularly recruit on campus because it was invited to do so by an official student organization, the Harvard Law School Veterans Association.


http://mediamatters.org/research/201005110079

realjohnboy
 
  1  
Reply Mon 28 Jun, 2010 03:06 pm
Duly noted, Revel. Your clarification is correct.
Each of the 19 Senators had 10 minutes to make opening statements today and Kagan made hers. No fireworks.
Questioning begins tomorrow.
0 Replies
 
roger
 
  1  
Reply Mon 28 Jun, 2010 03:07 pm
@revelette,
I observe that everyone, and I mean everyone has access to military recuiters.
0 Replies
 
dyslexia
 
  3  
Reply Mon 28 Jun, 2010 03:16 pm
I would preferred Obama nominate a liberal, so it goes.
joefromchicago
 
  1  
Reply Mon 28 Jun, 2010 03:37 pm
@realjohnboy,
realjohnboy wrote:

Kagan, long before she was under consideration for an appointment to the Supreme Court, dismissed the hearing process as "vacuity and farce."

She was right.
0 Replies
 
roger
 
  1  
Reply Mon 28 Jun, 2010 03:39 pm
@dyslexia,
Like Sally Struthers, perhaps? Legal background is optional, you know.
dyslexia
 
  1  
Reply Mon 28 Jun, 2010 03:46 pm
@roger,
no, I said liberal, not dingbat.(those aren't synonymous)
roger
 
  1  
Reply Mon 28 Jun, 2010 03:52 pm
@dyslexia,
I'll see if I can find you a more current thesaurus.
dyslexia
 
  2  
Reply Mon 28 Jun, 2010 03:58 pm
@roger,
why? are they composed and printed in texas now?
roger
 
  1  
Reply Mon 28 Jun, 2010 03:59 pm
@dyslexia,
Utah
 

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