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Specter On The Kagan Nomination

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There is no doubt that Elena Kagan has exemplary academic and professional credentials. And she has been a pioneer for women, serving as the country’s first female Solicitor General and as the first woman to be Dean of Harvard Law School. I applaud the President for nominating someone who has a varied and diverse background outside the circuit court of appeals.

I voted against her for Solicitor General because she wouldn't answer basic questions about her standards for handling that job. It is a distinctly different position than that of a Supreme Court Justice. I have an open mind about her nomination and hope she will address important questions related to her position on matters such as executive power, warrantless wiretapping, a woman’s right to choose, voting rights and congressional power.

(Emphasis supplied.) I would add a question on Dickerson v. US ("Congress may not legislatively supersede our decisions interpreting and applying the Constitution. [. . .] we conclude that Miranda announced a constitutional rule that Congress may not supersede legislatively. Following the rule of stare decisis, we decline to overrule Miranda ourselves.")

Speaking for me only

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    The whole thing is such a crapshoot anyway (5.00 / 3) (#7)
    by BobTinKY on Mon May 10, 2010 at 03:12:55 PM EST
    Frankfurter was suppose to have been the new Brandeis, he wasn't.  Brennan a liberal lion appointed by Eisenhower.  Souter, a great Justice, despite being picked by the scheming HW Bush.  Stevens a terrific Justice picked by another Republican.

    We won't truly get to know her or any other nominee's jurisprudence until they are sworn in. Whatever is asked will be replied to in a careful, calculated, lawyerly fashion.  Yes, she set her own standard so it's fair to apply it to her, but I don't expect much in the way of enlightenment from the exercise.  Only conservatives can risk presenting their  truer selves ever since Reagan successfully redefined our politics in a manner that no Democrat, not even Clinton or Obama, has since had the intestinal fortitude to challenge.

    She's been a lifelong Democrat, grew up in NYC.  My guess is no better then anyone else's but I suspect she will be a fairly reliable liberal vote.  I am even more confident that if the SCOTUS again takes it upon itself to decide a Presidential election she will vote for the Democrat.

    Well, not so much (5.00 / 1) (#11)
    by Emma on Mon May 10, 2010 at 03:50:05 PM EST
    I am even more confident that if the SCOTUS again takes it upon itself to decide a Presidential election she will vote for the Democrat.

    True liberals always vote for the rule/spirit of law to trump expedient politics.

    Parent

    Why does Sen. Specter insist on answers (none / 0) (#1)
    by oculus on Mon May 10, 2010 at 02:34:51 PM EST
    to these very important questions as to Ms. Kagan but did not do so as to Judge Sotomayor?

    Anti-semite? (5.00 / 1) (#2)
    by Big Tent Democrat on Mon May 10, 2010 at 02:35:24 PM EST
    Ha. Does not care for Upper West (5.00 / 1) (#3)
    by oculus on Mon May 10, 2010 at 02:36:38 PM EST
    Side.

    Parent
    A year ago I would have (none / 0) (#12)
    by Wile ECoyote on Wed May 12, 2010 at 09:16:10 AM EST
    been surprised at this comment.  I guess I am more surprised that I am not anymore.  

    Parent
    In the prior thread on Specter and (none / 0) (#4)
    by Anne on Mon May 10, 2010 at 02:52:35 PM EST
    Kagan, I commented that I thought Specter's statement was predictably weasel-y, leaving Specter with the option to justify his eventual vote no matter what Kagan does or doesn't do.

    You replied that you disagreed - that you thought Specter's statement was quite good.

    Here's what I'd like to know: what are we to infer from this part of the statement:

    I voted against her for Solicitor General because she wouldn't answer basic questions about her standards for handling that job. It is a distinctly different position than that of a Supreme Court Justice.

    Is he saying that it is MORE important that she answer questions?  That if her failure to answer questions in her SG nomination hearings was enough to garner his "no" vote then, that there is no question he will again vote "no" on this much more important nomination?

    Or does what comes after - that he will keep an open mind - signal that he's willing to cut her some slack if she doesn't answer to his satisfaction?  

    Also, when you get a minute - one of the things bmaz raises in the comments to his scathing post on Kagan is this issue:

    Having led the office, Solicitor General, in charge of appellate evaluations for the DOJ, she theoretically should have to disqualify/recuse herself on most of such issues that will come in front of the Supreme Court for at least the next couple of years.

    Finally, what do you make of the person reported to be Obama's pick to succeed Kagan?

    From Marcy:

    The great news just keeps coming.

    Remember the "new" state secrets policy DOJ announced last year? It basically amounted to a promise that the Attorney General would review any invocation of state secrets to make sure such an invocation was really really secret rather than just sort of secret but really embarrassing, along with a promise that an Inspector General (but not a court) would investigate in case of wrong-doing (at the time, some of the existing state secrets invocations had already been investigated by IGs).

    [snip]

    Well, the guy Obama plans to replace Kagan with is the architect of this "smoke and mirrors" policy.

    The White House is poised to name Don Verrilli, an associate White House counsel, as solicitor general after Elena Kagan is confirmed to the Supreme Court. Verrilli joined the Obama administration as an associate deputy attorney general, where he helped his close friend, Attorney General Eric Holder, craft the Justice Department's new state secrets doctrine guidelines.

    [snip]

    Verrillii's trial balloon appointment as SG will be viewed suspiciously by civil libertarians for his authorial role in the state secrets drama and for his record of fighting on behalf of industry against tech entrepreneurs.  But he's got the trust of Holder, Bauer, and President Obama.

    Seems like not-such-great news to me - perfect for a Monday.


    Higher standard imo (none / 0) (#5)
    by Big Tent Democrat on Mon May 10, 2010 at 03:00:56 PM EST
    How will Specter vote? After the primary,if he wins, he may vote No. If he loses, he'll vote yes.

    It was a good answer from my perspective because I get to continue beating my drum.

    Compared to Sestak's rubberstamp, it is courageous.

    Parent

    Ole Magic Bullet Arlen (none / 0) (#8)
    by BobTinKY on Mon May 10, 2010 at 03:16:44 PM EST
    has a theory and justification for everything.

    As for his courage?  I vote "not proven."  It's a Scottish thing.

    Parent

    Specter just seems to me to be the (none / 0) (#9)
    by Anne on Mon May 10, 2010 at 03:19:57 PM EST
    personification of the "sternly worded letter;" he comes out sounding like A Man of Principle, right up to the point where he has to choose between that principle and his own best interests, and then he tends to cave.  I don't think there is much chance that his vote would be the same - yes or no - regardless of the primary results - although I'm sure he'll tell us it would have been.

    Speaking of predictable, I wonder why we haven't heard from Lieberman yet...although that might be a little more like beating a dead horse than a drum, wouldn't it?

    Parent

    Joe has to wait and see if his vote will matter. (none / 0) (#10)
    by BobTinKY on Mon May 10, 2010 at 03:23:11 PM EST
    then if his vote is decisive, enage in a nationally televised moral introspective.  

    Because he is a d-bag.

    Parent

    Better Gauge For Specter (none / 0) (#6)
    by squeaky on Mon May 10, 2010 at 03:04:04 PM EST
    Is which side of the aisle he is pandering to. That is his principal. Now that he is a Democrat he will vote yes for Kagan.

    If he held the principal that he would not confirm a nominee who did not answer questions he would not have voted Yea on Roberts, Thomas, Scalia or Alito.  

    Parent