REAL WORLD EVENT DISCUSSIONS

Kagan wanted "seriousness and substance". Now sidestepping questions.

POSTED BY: GEEZER
UPDATED: Saturday, July 3, 2010 14:37
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Saturday, July 3, 2010 2:28 AM

GEEZER

Keep the Shiny side up


Quote:

By CALVIN WOODWARD
Associated Press Writer

WASHINGTON (AP) - Elena Kagan declined to discuss her passions, demurred when asked anything that might tip her hand on the Supreme Court and invoked her right to remain inscrutable even on cases buried in the past.

In short, Kagan did her best to ensure her high court nomination hearing was just the kind of benign event she criticized years ago for lacking "seriousness and substance."

Her dodges over two days of questioning prompted chuckles in the Senate Judiciary Committee as members, keenly aware of what she wrote in 1995, watched her rhetorical dances.

But the evasive maneuvers created frustration, too.

"Perhaps you haven't answered much of anything," snapped Sen. Arlen Specter of Pennsylvania, one of her most persistent _ and persistently thwarted _ questioners.

After another Kagan sidestep, Sen. Herb Kohl of Wisconsin could only manage: "My, oh my, oh my. All right. Let's move on."

And those were Democrats.

...

Some episodes from Kagan's questioning this week:

PASSIONS:
Kagan declined to talk about what she cares deeply about, other than impartial justice, when Kohl cited justices who were known for civil rights and women's rights.

"I'm sure you're a woman of passion," he said. "Where are your passions?"

"I think I will take this one case at a time if I'm a judge," she replied blandly. "I think it would, you know, not be right for a judge to come in saying, 'Oh, I have a passion for this and that and so I'm going to, you know, rule in a certain way with regard to that passion.'"


IDEOLOGY
Kagan was asked about the characterization of her by Ron Klain, a friend and fellow veteran of the Clinton administration, as a "legal progressive."

She refused to agree or disagree with that assessment and said "people should be allowed to label themselves." Then she resisted doing so, while allowing, "My political views are generally progressive, generally."

COURT'S DIRECTION
Kohl quoted her as writing in 1995 that "It is a fair question to ask a nominee in what direction would you move the court."

"Well, it might be a fair question," Kagan said to laughs.

Period.

"All right," said Kohl. "Let's move on. "


MARRIAGE
"I'm only seeking your opinion, because I know there might be cases coming down the road," said GOP Sen. Charles Grassley of Iowa. "Do you believe that marriage is a question reserved for states to decide?" He was attempting indirectly to sound her out about states that sanction or ban gay marriage.

Kagan: "There is, of course, a case coming down the road, and I want to be extremely careful about this question and not to in any way prejudge any case that might come before me."

Grassley: "That's your right. So you don't want to say any more. Is that what you're saying?

Kagan: "I think I'll leave it there."

COURT BALANCE
Senators wanted to know which justice now on the court she is most like _ a way, of course, of divining how she might operate.

No dice.

Kagan safely praised the retired justice she has been nominated to replace, John Paul Stevens, and said: "I think it would be just a bad idea for me to talk about current justices. And I've expressed, you know, admiration for many of them."

Even exploring why she wants to be a justice proved problematic. A politician's standard reply _ redressing wrongs, advancing freedoms _ would open any nominee up to accusations of judicial activism.

"What motivates me," she said, "is the opportunity to safeguard the rule of law."

KAGAN STANDARD
Specter was pointed in reminding the nominee of "the Kagan doctrine of answering the substantive question," and called her short on it.

Rather than asking how she might rule on certain cases, he probed whether she would recommend that the Supreme Court hear them at all. He also sought insight on what tests she would apply generally in deciding whether a case should be heard.

"I've not read the petitions," she said of the specific cases, one _ dealing with Holocaust victims _ that involved her as President Barack Obama's solicitor general. "I've not read the briefs in the way that I would as a judge."

"I'll move on," Specter said impatiently. "You've had a lot of time to take a look at that. We met weeks ago. I sent you a letter. But apparently I'm not going to get an answer there either."


BUSH v. GORE
Conceding Kagan won't comment on cases likely to come before her, Kohl asked about a case "the Supreme Court will certainly never see again," the split decision that broke an impasse over the 2000 election result and made Republican George W. Bush the president.

Kagan wasn't going anywhere near that politically charged matter. "I would try to consider it," she said, "in an appropriate way."



http://wtop.com/?nid=343&sid=1993294






"Keep the Shiny side up"

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Saturday, July 3, 2010 2:46 AM

AURAPTOR

America loves a winner!



The Elites have one set of rules they live by, and another for the rest of us.


Not too hard to figure that out.






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Saturday, July 3, 2010 4:30 AM

DREAMTROVE


I concur.

Kagan seems very disturbing to me, and the thout that she should have supreme authority over me is more disturbing. She cannot be frank with the panel clearly, she should not be on the court. We don't need more clever clandestine people with an agenda, we need some impartial judges.

I propose dissolving the court and replacing it with something democratic. I'm not a big fan of democracy, but it beats a ruling elite.

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Saturday, July 3, 2010 5:47 AM

NIKI2

Gettin' old, but still a hippie at heart...


Eh, it's just politics. She was right before, she knows it now and is playing the same game. It's what's got to be done to get nominated, why does that surprise anyone?

I might point out that the entire process is a joke; Supreme nominations are for parties to go to war about, no matter how absurdly (as the first day of the hearings showed), and to utilize for fund raising. Little more, these days.

I'll wait to see how she VOTES before I judge her. She's going to get through, pretty obviously, so it's pretty irrelevant at this point, and I'll make up my mind how she behaves on the Court.


Hippie Operative Nikovich Nikita Nicovna Talibani,
signing off


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Saturday, July 3, 2010 1:56 PM

KWICKO

"We'll know our disinformation program is complete when everything the American public believes is false." -- William Casey, Reagan's presidential campaign manager & CIA Director (from first staff meeting in 1981)


Yeah, she's being as bland and vapid as she has to be to get confirmed. I've no doubt that if she were to tell us how she REALLY feels about the issues, there would be a line of people waiting to filibuster her nomination. She's giving almost word for word the exact same kind of answers that nominees like Alito and Roberts, Thomas and Scalia gave. Not sure why that's upsetting to the right; I can see why liberals might be concerned, given her tendency to vote with corporate interests...

AURaptor's Greatest Hits:

Friday, May 28, 2010 - 20:32 To AnthonyT:
Go fuck yourself.
On this matter, make no mistake. I want you to go fuck yourself long and hard, as well as anyone who agrees with you. I got no use for you.

Friday, May 28, 2010 - 18:26 To President Obama:
Mr. President, you're a god damn, mother fucking liar.
Fuck you, you cock sucking community activist piece of shit.
... go fuck yourself, Mr. President.


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Saturday, July 3, 2010 2:03 PM

KWICKO

"We'll know our disinformation program is complete when everything the American public believes is false." -- William Casey, Reagan's presidential campaign manager & CIA Director (from first staff meeting in 1981)


And lest anyone think this has only recently become a politicized process, remember that Lincoln nominated his campaign manager for a spot on the Court, and FDR tried to pack the Court with an increased number of Justices, just on the hopes of getting more of his New Deal programs upheld.

AURaptor's Greatest Hits:

Friday, May 28, 2010 - 20:32 To AnthonyT:
Go fuck yourself.
On this matter, make no mistake. I want you to go fuck yourself long and hard, as well as anyone who agrees with you. I got no use for you.

Friday, May 28, 2010 - 18:26 To President Obama:
Mr. President, you're a god damn, mother fucking liar.
Fuck you, you cock sucking community activist piece of shit.
... go fuck yourself, Mr. President.


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Saturday, July 3, 2010 2:37 PM

FREMDFIRMA



Think, how does one become a Judge ?

For most people it starts in law school, a sharkpit of avarice and immorality where anything resembling morals, empathy or a conscience is strip mined from their personality and replaced with greed, ambition and a severe case of chronic backstabbing disorder - by the time they graduate (since, yanno, any decent human being winds up washing out) there's little humanity left in em.

And then either private practice, which is rare cause till you have some experience with the way the system *REALLY* works underneath the heavy gloss of lies and bullshit, you're not gonna get far...

Or the public defenders office, and you know what their job is ?

To take a dive, putting up just enough of a "fight" to make the prosecutor look good, a terminal betrayal of their supposed client in the hopes that enough of that abasement combined with years of kissing the right asses will get them on the other side of the courtroom with the complete set up, stacked deck, loaded jury, PD ready to take a dive, and friendly judges - and then all they have to do is look pretty and take a bow when the rigged game comes to the inevitable end.

And that's why most prosecutors are heavily political, cause the job pumps their ego and does put them in a position of power since if it comes to it they CAN tank a case on purpose, or refuse to prosecute it, or even, like Kym Worthy, have one manufactured out of whole cloth to crush anyone who doesn't toe the line.
(In case you were ever wondering, she's the REAL power in Detroit, and a big part of why it's so fucked up, cause she's a crook all the way to the bone.)

And what does an ambitious prosecutor want, if not political office ?
To be a judge, which means kissin enough judicial ass, lookin the other way about the bribes and favors, maybe collecting a few of your own to show em you know how the game is played, that you're a team player, yeah.

And so... the bench, and via backstabbing, exploitation, takin the right bribes and kissing the right asses, they move onward and upward, you see ?

So, is there ANY ambiguity at all to how I might feel about a potential supreme court judge ?

To know, full and well, the things they HAD to have done, to even be sitting in that seat, to be considered - and any of you have ANY expectation whatsoever that someone in that position isn't the veritable scum of the earth ?

Seriously, the corruption of our society, like scum, sleazes to the top of every social order as long as we base advancement on the excellency of ones sociopathy instead of ones humanity, it's inevitable.

But yanno, a funny thing happens to supreme court justices after a while, as they get older and older and start to honestly worry about where they might be GOING when they cap it...

Think on this, you give someone damn near unlimited power, no accountability, and they hold it for a long time, after a while, the gold loses it's glitter, the gems lose their luster, and a person starts thinkin about the life they've lead, the things they've done...

And they start to maybe take the job more seriously - something I doubt I am alone in noticing - that when the end starts drawing near, they start taking the job itself seriously instead of using it for political advantage, both as a sort of atonement, and because soon they will be somewhere the party cannot retaliate, neh ?

Ergo, the powers that be wanna make sure they're as corrupted as possible BEFORE they install em to the bench, to make the most USE of em before it gets clear they really don't have to answer to those assclowns any more.

And so, by default, if they're even being considered - they're a monster, let's quit frosting the turd here, okay ?

-Frem

I do not serve the Blind God.

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