SCOTUS Nominee Elena Kagan (Daily News)
I don’t care whether Elena Kagan is gay or not. Suffice to say she is probably a subscriber to the Donna Shalala 10-Day Makeover Program. Hey, a pearl necklace with matching earrings can do wonders for a gal.
What I do care about are her wacko views on everything from the military to speech.
The presses smoked this weekend with editorial articles that quoted born-again Republican Dick Morris saying that Kagan is a moderate. Never mind that Morris didn’t say that. Morris simply commented that in the milieu of the Clinton White House Kagan was moderate. In that orb anyone an inch to right of Friedrich Engels was moderate.
Anyway, what’s the difference between a liberal lawyer and a moderate lawyer? The moderate only feeds on yacht flotsam.
Even beltway conservative politicos have been positively gushing that Barack Obama would skip over the plethora of über-lefties on his Court wish list and reach deep for someone so highly regarded on both sides of the aisle at Washington cocktail parties.
Lindsey Graham and Orrin Hatch have both announced that they are “leaning toward” confirming Kagan. Here is the logic of a statement like that: Well, Democrats have a right to nominate judges that reflect their political philosophy.
No they don’t! They did not have a right to Thurgood Marshall or Harry Blackmun who legislated from the bench and created a holocaust of American unborn. They do not have a right to an associate justice that will rule outside the U.S. Constitution. They do not!
And therein, to loosely paraphrase Mr. Shakespeare, lies the rub. Obama has launched a very clever gambit in nominating Kagan to the High Bench.
Three words: Justice Anthony Kennedy.
If Kennedy were latent homosexual he would now be in the final decision phase of his coming out. To use a shameless metaphor, Kennedy’s been cruising the bathhouse for years but he hasn’t quite gotten up the courage to go inside.
Kennedy is the pivotal vote in determining whether SCOTUS goes liberal or conservative for the next two decades. And Obama has seen what Republicans have known for years—that he can be swayed.
In other words – holding to the metaphor – Obama is bringing in a chicken hawk for Kennedy to seduce the mush brain to the other side. Elena Kagan has the perfect credentials for just such an operation.
Kagan has been the focus of wide-speculation for years as a potential Democratic nominee.
Legal minds, conservative and liberal alike, have ambitions for Kagan as a friend; they will not quibble over her views of the Constitution in that sense. They only care about her ability to think; the rest is academic stuff. In their world Elena is highly qualified.
So is Kagan gay? I would be surprised if both she and Sonia Sotomayor are not both institutionally gay but that is not the point. She is a liberal.
She is the reason gays are now considered a legitimate minority and she is the reason they will be running the country in 20 years. Kagan is a liberal in the most radical sense because she possesses the intellect and prestige to change our direction as a nation.
The Senate will confirm Elena Kagan because idealistic traitors like Lindsey Graham will either give her the nod or not stand in the way when the Democrats on Judiciary win on party lines. Because establishment Republicans in Washington dine with these Constitutional erosionists nightly, and philosophies like originalism a pragmatism mean no more to them than the aperitifs.
Every conservative Republican and Tea Party member in America should let Hatch and Graham know that we will not forget them when they come up for reelection. They need to tell John “Border Hawk” McCain now.
Let’s dump these bums and prevent more Kagens from ascending to the bench.
Left Coast Ledger 