Posted on 07/07/2010 12:23:45 PM PDT by SeekAndFind
John McCain declared his opposition to confirming Elena Kagan to the Supreme Court this morning in an essay for USA Today that will allow veteran observers to update their whip counts — and not much else. The Senator who currently faces a primary challenge from his right in Arizona makes a good case for conservative opposition. However, it misses a couple of words that would actually make this newsworthy:
In 1987, I had my first opportunity to provide “advice and consent” on a Supreme Court nominee. At that time, I stated that the qualifications essential for evaluating a nominee for the bench included “integrity, character, legal competence and ability, experience, and philosophy and judicial temperament.” On that test, Elena Kaganfails.When Kagan was dean of Harvard Law School, she unmistakably discouraged Harvard students from considering a career in the military — even while claiming to do otherwise — by denying military recruiters the same access to Harvard students that was granted to white-shoe law firms. Kagan did so because she believed the military’s “don’t ask, don’t tell” policy to be “a profound wrong — a moral injustice of the first order.”
While Kagan is entitled to her opinion, she was not entitled to ignore the law that requires universities to allow military recruiters on campus under terms of equal access with all other recruiters. The chief of recruiting for the Air Force’s Judge Advocate General Corps described the impact of Kagan’s changes by saying that “Harvard is playing games.” The Army’s report from that same period was even more blunt, stating, “The Army was stonewalled at Harvard.” …
I have previously stated that I do not believe judges should stray beyond their constitutional role and act as if they have greater insight than representatives who are elected by the people. Given the choice to uphold a law that was unpopular with her peers and students or interpret the law to achieve her own political objectives, she chose the latter. I cannot support her nomination to the Supreme Court where, based on her prior actions, it appears unlikely that she would exercise judicial restraint.
As well-constructed as this argument goes, it’s essentially moot. Barring an extraordinary effort by Republicans, Barack Obama doesn’t need McCain to get on board to confirm Kagan’s appointment to the court. The two words missing from McCain’s essay are “filibuster” and “block.” Without those two words, McCain’s essay is an academic exercise — and perhaps just a wee bit of grandstanding.
I don’t believe in judicial filibusters except in circumstances of incompetence or corruption. Barring those conditions, Presidents have the privilege of appointing jurists to the federal courts as a consequence of their election. Of course, it’s also worth mentioning that Barack Obama is the only President ever to cast a vote to filibuster a Supreme Court nomination, that of Samuel Alito, so Republicans actually have a fairly solid precedent on which to try one with Kagan, who is demonstrably less qualified than Alito, both in judicial experience and depth of publication.
That would still not make it right, and principled opposition is probably the best option, but let’s not kid ourselves that a Republican voting against Kagan will be particularly newsworthy. This will pass on a party-line vote or very close to it, and the real news will be (a) that Republicans didn’t try for the block like Democrats did with Alito, and (b) those few Republicans who vote to confirm Kagan, if any.
Well whoopie friggin’ doooo, John...Yer a peach of a guy...
If McCain always voted the way he talks this year he would have been elected President in 2000. If any Arizonan believes he will vote in the future the way he talks this year, I have some great vacation land on Europa I’m willing to let go for a very good price.
There are 58 Democrats and probably a couple of Republicans who will.
It’s called The RINO Hokey Pokey dance, for those who haven’t seen “The Maverick” on public display before!
McRat deserts a sinking ship.
Did McWindsock say something?
Time for McLame to exercise his election-year muscles.
RE: There are 58 Democrats and probably a couple of Republicans who will.
Kagan really is a lost cause. Unless someone filibusters, she IS the next Justice of the Supreme Court. No amount of wishing otherwise is going to change that. McCain’s vote one way or the other isn’t going to amount to a hill of beans.
That’s what we get for either : Voting for Obama or in the case of conservatives, staying home and boycotting the elections.
I have previously stated that I do not believe judges should stray beyond their constitutional role and act as if they have greater insight than representatives who are elected by the people. than the founding fathers when they wrote the United States Constitution.
McCain can't resist the same temptation he is berating Kagen for.
Don’t worry Juan, I’m sure Cindy will find a beer route for you to drive.
If that's the price paid for keeping the likes of Kagen off the SCOTUS, I'll take it. That anti-military, anti-American shrew has no business being seated in the nation's highest court.
Won’t help any but now we know Graham won’t vote for her either.
Sure he will he’s not up for reelection.
Maybe you’re right. I think he’s too much of lackey to buck the old man and make him look bad, but what do I know.
Sickening thing about McCain is that he knows how to pretend to be a conservative when it suits him but as soon as he shrugs off Hayworth, he’ll go right back to working with his “friends” on the other side of the aisle, which means voting for the likes of Kagan, supporting cap-and-trade, supporting all sorts of high taxes and big government, selling out the GOP at every turn and probably denouncing many of the conservatives now cowardly endorsing him.
It make me ill.
This nomination by all 'rights' should be shelved, permanently. Oh that it would be. . .
Yep it’s an election year...
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