Elena Kagan

Mainstream Republicans An Endangered Species: Bad Omen For The Future

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The Republican Party, in its mad dash to the far right, is about to consume its few mainstream members in the US Senate.

Maine Senator Olympia Snowe is facing a likely Tea Party opponent, and Utah Senator Orrin Hatch was booed at the recent CPAC convention, despite his solidly conservative voting record over the past 35 years.

Massachusetts Senator Scott Brown has lost the support of the Tea Party, which originally was thrilled by his winning of Ted Kennedy’s Senate seat in 2010, and may also face a primary challenge.

But the repudiation in Indiana of Senator Richard Lugar, the senior Republican and foreign policy expert, by his own party leadership, is a major blow to a Senator who could be called more than a politician, instead a statesman.

Lugar made enemies voting for the START Treaty with Russia, opposing a ban on earmarks, and supporting Sonia Sotomayor and Elena Kagan for the Supreme Court. He has been called Barack Obama’s favorite Republican.

So Indiana State Treasurer Richard Mourdock, not a Tea Party leader, is challenging Lugar, although it is believed that Governor Mitch Daniels and Indiana Congressman Mike Pence may stay neutral in the primary race due on May 8, 2012.

Will Lugar get the message and decide to retire after 36 years? It seems unlikely, but his loss would be a major blow to moderate conservatism and the future of the Republican Party image nationally.

The Obama Health Care Legislation Under Attack! It Could Stand Or Fall On Justice Anthony Kennedy’s Decision! :(

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The Obama Health Care legislation has come under severe attack from federal district court judges in Virginia and now Florida, with the Florida judge declaring the entire act unconstitutional! 🙁

26 states have petitioned the courts to undermine the legislation, and the purpose seems to be to destroy the entire law, even the parts that any sane person would support, such as keeping children on to age 26, ending a lifetime ban on coverage over a set amount, allowing a company to drop coverage once someone becomes sick, and preventing coverage for the millions of people with pre-existing conditions!

To think that a piece of legislation could be negated by a body of unelected, unaccountable judges, instead of an elected body of legislators is, to say the least, very disconcerting! 🙁

It is now obvious that the legislation will come up for review by the Supreme Court during the election campaign of 2012. And it is assumed that Justices Scalia, Alito, Thomas and Chief Justice Roberts will vote against it, and that Justices Ginsberg, Breyer, Sotomayor, and Kagan will support it, leaving Justice Kennedy with the swing vote, as is often the case.

Years ago, conservatives complained that the Supreme Court is really the Kennedy Court, as his vote decided most cases by a 5-4 vote, and there was anger when Kennedy went with the liberals on the court on several cases, including Lawrence V. Texas, the gay rights case in 2003.

However, in recent years, Kennedy has more often joined the conservative side than the liberal side, so indeed the future of the health care law may hang on what he, a singular human being, determines is constitutional! 🙁

Senator Richard Lugar: Endangered By The Tea Party Movement In The Republican Party! :(

Ronald 1 Comment

America benefits by having two strong political parties, which understand that compromise is part of politics, and that “crossing the aisle” to work with the opposition party is not treason!

Unfortunately, with the rise of the Tea Party Movement, the Republican Party has been radicalized to the far right, unwilling to accept any Republican who does not follow the extremist agenda of the Tea Party Movement.

Therefore, Scott Brown of Massachusetts, Olympia Snowe of Maine, and Richard Lugar of Indiana are all facing likely challenges in the primaries in 2012, when they all have a difficult re-election contest for their Senate seats.

The one who seems the most endangered is Lugar, truly one of the rare gems of the Senate.

Lugar is certainly a conservative, but he is a “respectable” conservative willing to cross the aisle and work with Democrats.

Acknowledged as a true expert on American foreign policy, and as a thoughtful individual, the author has always had respect for Senator Lugar, and he is well regarded by his own colleagues, and has often been seen as a potential Secretary of State.

Lugar cooperated with Barack Obama in the Senate on various issues, and just recently, he supported the DREAM Act, the START Treaty with Russia, and voted for both of Obama’s Supreme Court nominees–Sonia Sotomayor and Elena Kagan.

For this, he has been condemned by Tea Party activists in Indiana, admittedly a state which is much more conservative traditionally than other Midwestern states.

So it seems clear Lugar will have a major primary challenge and might lose his seat, which would be a tremendous loss for his party and the Senate’s reputation.

We need more Richard Lugars in the Senate, if that body is to retain an image of being a serious minded, respectable institution. There are too many firebrand extremists in that legislative body, embarrassing the Republican Party and insuring deadlock and stalemate.

The Evolving Supreme Court: The Dynamics Of Nine Human Beings Working Together!

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The Supreme Court has undergone a lot of change in the past five years, with four appointments to the Court.

George W. Bush appointed John Roberts as Chief Justice and Samuel Alito as an Associate Justice, while Barack Obama chose Sonia Sotomayor and Elena Kagan as Associate Justices.

Roberts has certainly made his impact as Chief Justice, and has become controversial because of his activism, which contradicts his testimony that he believed in “stare decisis”, the role of precedent in deciding whether to accept past Court decisions. Instead, Roberts has become a confrontational Chief Justice, including criticizing President Obama for attacking the revolutionary Citizens United Case of January, 2010.

Alito seemed to be quieter, but this year, he openly objected to Obama’s criticism of the Citizens United Case, and is now regarded as an outspoken conservative firebrand in the same vein as Roberts, meaning that the four conservatives on the Court are very aggressive in their advocacy. No one would ever accuse Antonin Scalia or Clarence Thomas as being “wallflowers” in their activist views, even though Scalia claims to be an advocate of “originalism”, interpreting the Constitution based on the actions of the Constitutional Convention of 1787.

But the liberal side of the Court has also been much more outspoken. Associate Justice Ruth Bader Ginsberg, now the oldest member of the Court, is certainly willing to express her views, and Justice Stephen Breyer is seen as the intellectual leader of the liberal wing of the Court.

But even the newest Justices are making clear their liberal tendencies. Justice Sotomayor is seen by the New York Times as “guiding” the liberal wing. Sotomayor spoke up for prisoner rights, with a challenge by Justice Alito.

And Justice Elena Kagan has joined Sotomayor in what is described as a subtle shift of the Court, with Sotomayor more passionate and Kagan as a “bridge builder”, but yet seen as strengthening the liberal wing. Kagan is seen as having the ability to draw Anthony Kennedy, the truly independent member of the Court, to consider her side of the issue, much like John Paul Stevens used to be able to do that in his latter years on the Court.

What this all means is that the Supreme Court is in constant readjustment of nine human beings, with evolution of the dynamics fascinating to watch and to evaluate on a regular basis! 🙂

Justice Antonin Scalia And Separation Of Powers Seminar To Congressional Conservatives Headed By Michele Bachmann: An Egregious Conflict Of Interest! :(

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Minnesota Congresswoman Michele Bachmann, one of the most controversial members of the House of Representatives, one of the leaders of the Tea Party Caucus in the House, and infamous for outrageous statements and actions and for promoting political confrontations, has now gone beyond the pale.

She has decided that members of Congress should take “courses” on the Constitution, the Declaration of Independence, and the Bill of Rights, all designed to promote the “conservative” interpretation of these sacred documents.

Anyone serving in Congress should be expected to KNOW these documents by heart, and should NOT be promoting a distorted view of these documents, as Michele Bachmann and her ilk have been doing for years already! And to allow the Tea Party Movement, with its distortion of history and reality, to be the so called “cosponsor” of this series of seminars is even more outrageous!

But it gets worse, as Associate Justice Antonin Scalia, the most conservative member of the Court in the past hundred years, and a promoter of “originalism”–the concept that every legal decision should be based only on 1787 and the Constitutional Convention, with no consideration of modern times or changes in the 223 years since 1787–has agreed to give the first seminar on “separation of powers”!

Does not Justice Scalia realize that “separation of powers” means just that, and that therefore, it is inappropriate for him to be trying to influence or in any other way involve himself with actions of the legislative branch? 🙁

The Supreme Court is supposed to be non-political in nature, but apparently if a conservative such as Scalia wishes to be political, that is alright. And if Justice Clarence Thomas’s wife wishes to become involved in a pressure group that could theoretically have an influence on future cases before the Court, that apparently is fine! 🙁

But imagine if Justices Stephen Breyer, Ruth Bader Ginsberg, Sonia Sotomayor, or Elena Kagan were to lecture to a liberal Democratic group or advocate a modernist view to people on Capitol Hill, you can be assured there would be moves to impeach them as having violated “separation of powers”!

This is the double standard, the hypocrisy, of conservatives, Republicans, and the Tea Party Movement, who all claim to be “holier than thou”, when they are engaged in clearcut violations of the Constitution by what they are doing, and what Justice Scalia has agreed to do!

But then, Justice Scalia, as brilliant as he is recognized to be, is also an extremely arrogant man! That sums it up! 🙁

New Supreme Court Term Begins Today!

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The Supreme Court begins its new term this morning, and it is the youngest Court in many years!

This Court is unique in that it includes three women for the first time! But it also includes six Catholics and three Jews, so for the first term ever there are no Protestants on the Court!

Not that long ago, the Court was ONLY white Protestants, but now has become a Court of “minorities”, including an African American, an Hispanic or Latino, and two Italians, beyond the Catholics, Jews and women already mentioned!

The Court is now averaging in the mid fifties in age, due to the comparative youth of Elena Kagan and Sonia Sotomayor, President Obama’s two Supreme Court appointments!

But this Court is still seen as leaning to the right, and it is not expected there will be any noticeable difference in Court decisions with Kagan replacing John Paul Stevens!

Cases involving illegal immigration and freedom of speech will highlight the Court’s term between now and next June!

As always, the Supreme Court will have the influence that former Chief Justice Charles Evans Hughes stated in one sentence, often quoted, during the 1930s but repeated ever since–“The Constitution is what the Supreme Court says it is!”

Elena Kagan Confirmed As Associate Justice Of Supreme Court!

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Solicitor General and former Harvard Law School Dean Elena Kagan was confirmed today by a vote of 63-37 to be the newest Associate Justice of the Supreme Court!

Kagan became the fourth woman in the Court’s history, and the second appointment of President Obama! She also became the first non judicial experience member of the Court since William Rehnquist!

She received the support of all Democrats, except Nebraska Senator Ben Nelson! She also received the backing of only five Republicans–Olympia Snow, Susan Collins, Judd Gregg, Lindsey Graham, and Richard Lugar, as compared to the nine Republicans who backed Sonia Sotomayor last year (who won her seat by a margin of 68-32)!

Kagan can be seen as a worthy successor to John Paul Stevens, who served the fourth longest time on the Supreme Court, and she inherits a seat not only occupied by Stevens, but earlier by William O. Douglas (longest serving Justice in history) and Louis Brandeis (often considered the number one or two Supreme Court Justice in history)!

Women Justices And The Changing Supreme Court: Is It For Real?

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The Supreme Court seems more and more to be a very conservative, almost reactionary, Court in so many ways, but David Broder of the Washington Post believes that having three women on the Court at the same time (Ruth Bader Ginsberg, Sonia Sotomayor, Elena Kagan) has to affect the Supreme Court in ways hard to fathom now!

The author hopes the role of women will have a positive effect, but the problem is that it is likely that Ruth Bader Ginsberg will leave the Court before the Presidential election, and that it will be impossible for Obama to select a replacement as liberal as Ginsberg has been!

This is particularly true with a Senate bound to be of a smaller Democratic majority, and even the slight possibility of a GOP majority! 🙁

So it seems likely that in comparison to now, the Supreme Court might actually be MORE conservative, as a result, than it is right now! 🙁

Senator Lindsey Graham And The Supreme Court: A Profile In Courage!

Ronald 3 Comments

Republican Senator Lindsey Graham of South Carolina can be considered the “maverick” in Republican ranks, now that Senator John McCain of Arizona claims he is not now, and never has been, a maverick, despite his constant assertions over the years that he was a maverick!

Graham is the new “profile in courage” in the GOP, as he has been critical of the Tea Party Movement, and has shown willingness to work with the Obama Administration on some issues!

He is considered a “traitor” within the Tea Party Movement and his own party, particularly in South Carolina, and will probably face conservative opposition when he next faces the voters in 2014, but he is not concerning himself with that at this point, more than four years away from that challenge!

Yesterday, Graham was the only Republican on the Senate Judiciary Committee to back Elena Kagan’s nomination for the Supreme Court, as it was reported out, and is ready to go to the Senate floor for final confirmation!

Graham reprimanded the other GOP senators on the committee, reasserting his earlier stated view on the Supreme Court, when Sonia Sotomayor was up for confirmation last summer!

That statement was that as long as the nominee of the President is qualified, one should give him the respect of supporting his nominee, as he was the winner of the presidential election, and should be entitled to whoever he wants to put on the Supreme Court! As Graham put it, when the voters speak, we should all respect that, and support the President in his right to choose whoever he wants, again as long as the person meets the standard of appropriate qualifications!

It will be interesting to see how many Republican Senators back Kagan in the final vote, as nine of them supported Sotomayor last summer!

Again, plaudits to Lindsey Graham for showing principle and courage! 🙂

Elena Kagan’s Inheritance: Louis Brandeis, William O. Douglas, And John Paul Stevens!

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Supreme Court nominee Elena Kagan went through two full days of questioning by the Senate Judiciary Committee last week, and most observers would say she fared well in her performance!

The members of the committee, and the American people, wanted to know how she thought about constitutional issues, and of course, were disappointed that she refused to tip her hand, just the same as other Supreme Court nominees who did not wish to be tied down to any specific commitments on future issues and cases!

But her background gives hope that she will follow in the tradition of the Justices who held the seat she will gain after confirmation: Louis Brandeis (1916-1939), William O. Douglas (1939-1975), and John Paul Stevens (1975-2010)!

What a distinguished group of Justices these three men were, enough to humble anyone! 🙂 All three are among the very best who have ever served on the Supreme Court. The first two would rank among the top ten of all time, and Stevens would rank in the 25 of all time!

No seat has only had three Justices in the past almost one hundred years, with Douglas being the longest serving Justice in history, and Stevens being third longest serving, only three days fewer than Justice Stephen Field, who served from 1863-1897!

So Kagan has a responsibility to keep this history in mind, as she inherits the seat of these great men, and carries on the progressive tradition they represented, into the future of constitutional law!