Tuesday, May 11, 2010

'Tis The Season To Dissect Kagan



By DANNY SCHECTER
The News Dissector


NEW YORK - Had enough oil spill, tired of financial reform, bored with the wars? Don’t worry, the season is changing and, with it, the issues we are supposed to focus on.

Out with the old, and in with another partisan food fight in the making: the nomination of a Supreme Court justice, a ritualistic drama that we don’t seem to get enough of. Forget bashing institutions, kiddos. Let’s go after individuals.

Our Harvard-Law-Graduate-in-Chief has spoken, naming his dean for the opening on the court. The fact that Elena Kagan is the solicitor general and argues for the government before the Supremes must mean she knows a thing or two about how robed ones operate.

Why did they chose her? The Boston Globe reports it is because of her skills as a “broker.” She certainly is not a liberal counterweight to the likes of Scalia et.al.

Also she never was a judge before — like the late lamented Earl Warren — and so has no record for the negative researchers to pick apart. That may mean a character assault may be in the making. On the other hand she clerked for Thurgood Marshall and Abner Mikva, two leading jurists. (She also worked for Clinton.) She seems to be an Obama-style centrist Democrat although many fear she would push the court rightwards and would compromise any principles she may have left.

On the other hand, the first naysayers out of the gate are from the left. They question her conservative leanings, deference to presidential power and apparent fondness for being tough on terror even if it means watering down the law.

One Harvard alum, Francis Boyle, not only blasts her in hardline prose but also the horse she rode in on — that is the very Harvard law School he graduated from.

His Headline: “Dean Elena Kagan: Harvard’s Gitmo Kangaroo Law School — The School for Torturers“

Not surprisingly, the January 2007 issue of the American Journal of Imperial Law–otherwise known as the self-styled American Journal of International Law but originally founded a century ago and still operated by U.S. War and State Department legal apparatchiks and their law professorial fellow-travelers – published an article by Harvard Law School’s recently retired Bemis Professor of International Law Detlev Vagts (who only taught me the required course on legal accounting) arguing in favor of the Pentagon’s kangaroo courts system on Guantanamo despite the fact that they have been soundly condemned by every human rights organization and every human rights official and leader in the entire world as well as by the United States Supreme Court itself in Hamdan v. Rumsfeld (2006).….

As for Harvard Laws Neo-Con Dean Kagan, Harvard Law Graduate President Barack Obama appointed her Solicitor General in his Department of Justice as the third highest ranking official in that department and thus as the proverbial oeTenth Justice for the 9-Justice U.S. Supreme Court. In this capacity Kagan has quarter-backed, supervised, and defended in all U.S. federal courts the Obama administrations continuation of the Bush Jr. administrations hideous atrocities perpetrated against human rights, international law, civil rights, civil liberties, the U.S. Constitution, and Americas Bill of Rights.

In the Democratic Center, She’s the one, writes Andrew Cohen in Politics Daily::

In choosing Solicitor General Elena Kagan as his next nominee to the United States Supreme Court, President Obama has managed to achieve three important goals at once. He’s picked another distinguished woman to become a justice — for the first time in its history three women will sit at the same time on the high court. He’s chosen a younger person to join the group, a mortality-table parry to the 2005 Republican nomination of the youthful Supreme Court Chief Justice John G. Roberts. And he’s selected a candidate whom some Senate Republicans were publicly signaling they’d accept and confirm even before she was named.

ThinkProgress.org: Far-Right Group AFA Demands To Know Kagan’s Sexuality, Since ‘No Lesbian Is Qualified’ To Sit On SCOTUS

Is she or isn’t she [a lesbian]? Let’s ask her By Bryan Fischer - American Family Association

Brace yourself for another season of invective, character assassination and political chicanery, I am sure viewers of Fox and MSNBC have already had a taste with more, much more, make that endless punditry and put downs to come.

--

Photo: By DANNY SCHECTER
The News Dissector


NEW YORK - Had enough oil spill, tired of financial reform, bored with the wars? Don’t worry, the season is changing and, with it, the issues we are supposed to focus on.

Out with the old, and in with another partisan food fight in the making: the nomination of a Supreme Court justice, a ritualistic drama that we don’t seem to get enough of. Forget bashing institutions, kiddos. Let’s go after individuals.

Our Harvard-Law-Graduate-in-Chief has spoken, naming his dean for the opening on the court. The fact that Elena Kagan is the solicitor general and argues for the government before the Supremes must mean she knows a thing or two about how robed ones operate.

Why did they chose her? The Boston Globe reports it is because of her skills as a “broker.” She certainly is not a liberal counterweight to the likes of Scalia et.al.

Also she never was a judge before — like the late lamented Earl Warren — and so has no record for the negative researchers to pick apart. That may mean a character assault may be in the making. On the other hand she clerked for Thurgood Marshall and Abner Mikva, two leading jurists. (She also worked for Clinton.) She seems to be an Obama-style centrist Democrat although many fear she would push the court rightwards and would compromise any principles she may have left.

On the other hand, the first naysayers out of the gate are from the left. They question her conservative leanings, deference to presidential power and apparent fondness for being tough on terror even if it means watering down the law.

One Harvard alum, Francis Boyle, not only blasts her in hardline prose but also the horse she rode in on — that is the very Harvard law School he graduated from.

His Headline: “Dean Elena Kagan: Harvard’s Gitmo Kangaroo Law School — The School for Torturers“

Not surprisingly, the January 2007 issue of the American Journal of Imperial Law–otherwise known as the self-styled American Journal of International Law but originally founded a century ago and still operated by U.S. War and State Department legal apparatchiks and their law professorial fellow-travelers – published an article by Harvard Law School’s recently retired Bemis Professor of International Law Detlev Vagts (who only taught me the required course on legal accounting) arguing in favor of the Pentagon’s kangaroo courts system on Guantanamo despite the fact that they have been soundly condemned by every human rights organization and every human rights official and leader in the entire world as well as by the United States Supreme Court itself in Hamdan v. Rumsfeld (2006).….

As for Harvard Laws Neo-Con Dean Kagan, Harvard Law Graduate President Barack Obama appointed her Solicitor General in his Department of Justice as the third highest ranking official in that department and thus as the proverbial oeTenth Justice for the 9-Justice U.S. Supreme Court. In this capacity Kagan has quarter-backed, supervised, and defended in all U.S. federal courts the Obama administrations continuation of the Bush Jr. administrations hideous atrocities perpetrated against human rights, international law, civil rights, civil liberties, the U.S. Constitution, and Americas Bill of Rights.


In the Democratic Center, She’s the one, writes Andrew Cohen in Politics Daily::

In choosing Solicitor General Elena Kagan as his next nominee to the United States Supreme Court, President Obama has managed to achieve three important goals at once. He’s picked another distinguished woman to become a justice — for the first time in its history three women will sit at the same time on the high court. He’s chosen a younger person to join the group, a mortality-table parry to the 2005 Republican nomination of the youthful Supreme Court Chief Justice John G. Roberts. And he’s selected a candidate whom some Senate Republicans were publicly signaling they’d accept and confirm even before she was named.


ThinkProgress.org: Far-Right Group AFA Demands To Know Kagan’s Sexuality, Since ‘No Lesbian Is Qualified’ To Sit On SCOTUS

Is she or isn’t she [a lesbian]? Let’s ask her By Bryan Fischer - American Family Association

Brace yourself for another season of invective, character assassination and political chicanery, I am sure viewers of Fox and MSNBC have already had a taste with more, much more, make that endless punditry and put downs to come.

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