Friday, May 14, 2010

Connecting the Dots on the Elena Kagan Apparent Paradox

Posted by CotoBlozz 05-14-2010 03:30 PM

Senator Harry Reid early this week, characterized Supreme Court nominee Elena Kagan as a trailblazer, leading some lawmakers to complain that since Ms Kagan has never served as a judge and has spent very little time inside a court room,  she has left no trail.

However, others, have began to connect the dots and asking lawmakers to do the same:

Sanctity of life: Ms Kagan criticized a U.S. Supreme Court decision that prohibited recipients of federal funds from counseling on or referring women for abortions.

Support (lack thereof) of our military: As the former dean of Harvard Law School, she worked vigorously to remove military recruiters from the campus as a statement against the military's Don't Ask, Don't Tell policy - in essence dissing the Law of the Land

Intellect:  Ms Kagan is arguably an accomplished scholar, and perhaps her best and only positive attribute

Experience: There is not substitute for experience:  The country has witnessed  first hand what happens when an accomplished community organizer's skills are not transferable.  Paraphrasing management guru Dr. Mintzberg, "teaching an accomplished scholar how to be a  Supreme Court Justice diminishes the Constitution and can be hazardous to the country."  Prior to becoming solicitor general in 2009, Ms. Kagan had never tried a case all the way to a decision or verdict, according to her own recollection.

Marriage:  Ms. Kagan has used her position in the Obama administration to undermine the Defense of Marriage Act (DOMA), which federally defines marriage as the union of one man and one woman:

  • As solicitor general, she abandoned the established federal position that procreation and the rearing of the next generation are key reasons for upholding marriage and goind a step further  wrote that the U.S. government does not have "any legitimate ... interests in child-rearing and is therefore not relying upon any such interests to defend DOMA's constitutionality." - this being the case, what are the implications for the Deaprtment of Education, Health Care Reform, and or the FDH (Fat, Dumb and Happy) Syndrome espoused by teacher's union?
  • Ms Kagan stated that DOMA is discriminatory and that the Obama administration supports its repeal.

Staunch conservative lawmakers should be connecting the dots on Ms. Kagan's nomination, asking the tough questions and with all due respect to former First Lady Laura Bush, the main issue is not Ms. Kagan's gender, as much as her deeds and actions with respect to the US Constitution.

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