Tuesday, May 11, 2010

Kagan: "vapid and hollow charade"?
President Obama’s pick to succeed Justice Stevens


WASHINGTON, DC—President Obama’s nomination of Elena Kagan to replace retiring John Paul Stevens is precisely what one would expect a liberal president to do. Kagan, though not a sitting judge, she has a record (albeit a sparse one and certainly a reason she was choosen) to indicate what type of justice she would be—an activist when hearing cases dealing with the Fourteenth Amendment’s Privileges or Immunities clause, perhaps a bit hostile to the Second Amendment, and certainly a proponent of protecting or expanding the scope of Roe v. Wade.

Some of her comments and writings have traveled across the Internet, but reveal only what one would think a leftist jurist would think—the Constitution ought to be a flexible, with-the-times, or 21st century constitution. As for her views about the nomination and senatorial hearing process, Kagan wrote, "Senators effectively have accepted the limits on inquiry." And has stated the process had become "[a] repetition of platitudes has replaced discussion of viewpoints and personal anecdotes have supplanted legal analysis."

On this point, we agree with the nominee. But as for her political disposition, we do not. Mr. Obama’s nominee ought to undergo the normal senatorial hearings and be challenged as to what she truly believes the role of the court (and more particularly judges) is in regard to interpretation or activism.

We expect Miss Kagan to be confirmed and thereby replace one liberal justice with another, and for those who have misgivings about her after supporting this president’s candidacy, we remind them elections have consequences.


-- Owen E. Richason IV
Chief Editor, Killswitch Politick

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