Monday, May 10, 2010

Elena Kagan, the worst of all worldsm IMO

Obama has named Elena Kagan as his Supreme Court nominee.  I was watching the news this morning as they were talking about her qualifications and possible points of conflict for both the left and the right (this being the MSM, they were basically slamming the right, but anyway...)....

Here's my problems with someone with her qualifications sitting on the bench of the highest court in the land:

1.)  She's an academic ('nuff said on that) and a former dean of Harvard Law, bastion of free speech and intellectual inquiry-NOT;

2.) While at Harvard, she opposed military recruiting on the Harvard campus due to the Clinton-era 'don't ask, don't tell' policy--probably on the grounds of identity politics--I really can't think that she's going to leave that bias at the door and I don't think that the Supreme Court is a place for activist judges;

3.) She supports the expansion of Executive powers.  With Obama grabbing up every bit of the economy that he can (and is now going after the internet so those bloggers will quit being mean to him) I don't think that we need anyone on the Court that would support any more power being vested in the Executive branch. 

Eugene Volokh thinks that she's a good candidate and he knows more than I do about this so maybe it won't be the train wreck that I'm thinking it'll be.


Brigid said...

How do you get to be a Supreme Court Judge with no experience as a judge.

I hope if I have brain surgery my surgeon has actually done it before.

Midwest Chick said...

I don't think that until this last year, she's had any courtroom experience at all (as Solicitor General she's argued six cases before the Supreme Court)--I might be wrong on this--still reading up.

There's nothing in the rules that say they have to have previously sat on a bench anywhere but it would be nice to have more than a theoretician on the Highest Court of the Land.

Mike W. said...

I think, given what we could have gotten from Obama, that Kagan is actually not a terrible fit.

I do agree with Brigid in that she's woefully unqualified. She'd never even tried a case before becoming Solicitor General, which means she was nothing more than a Harvard Academic for most of her career.

The lack of qualifications doesn't bother me as much as the media reaction does. Remember how the MSM attacked Myers lack of qualifications and accused Bush of Cronyism? Funny, no talk of either when Obama does the same thing.

That said, this is not exactly unusual for SCOTUS nominees. One of my favorite Justices, Hugo Black, had almost no judicial experience. (he had been a local police court judge in Alabama IIRC)

Midwest Chick said...

The lack of qualifications is really not bothering me as much as her stance on certain issues and the total lack of intellectual diversity that will now be on the court.