Supreme Court

The Nation: "Elena Kagan should be borked."


The Nation calls for Supreme Court nominee Elena Kagan to come clean about her legal views:

The truth is, on the fundamental issues of executive power and civil liberties, we simply do not know enough about Kagan's views; because she was never a judge and has a relatively slim paper trail as a scholar and a litigator (in which her role was constrained), we are left parsing these few statements for larger meaning. The same is true on matters of corporate power and other vital issues. When Kagan argued the administration's case in Citizens United v. FEC, against granting corporations near limitless rights to political spending, was she expressing her views or those of the president? When she urged President Clinton to accept compromise legislation banning late-term abortions, was she articulating her opinion about the right to privacy under Roe v. Wade, or was she merely offering legal advice in her role as a White House aide? When she said there is not a "constitutional right to same-sex marriage," was she articulating her understanding of equal protection under the Constitution, or merely describing objectively the current state of constitutional law? And if the former, how does that belief square with her statement that the military's "don't ask, don't tell" policy is "a moral injustice of the first order"?

Kagan should be pressed on all these matters during her confirmation hearing.

Read the whole thing here. Earlier this week, Radley Balko explored Kagan's lousy record on criminal justice issues, Jacob Sullum looked at her wobbly support for free speech, and I examined her troubling deference to government power.

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  1. The Nation calls for Supreme Court nominee Elena Kagan to come clean about her legal views

    Very well: “Don’t ask; don’t tell.”

  2. Would it be too conspiratorial to wonder if the institutional left is complaining about Kagan in order to make her seem more moderate to the rest of us?

    1. Psst! Ix-nay on the umormongering-ray!

      1. Why no, no way man! It’s the institutional left, right, the military-industrial complex, CFR, Tri-Lats, Illuminati, Bilderbergers, Crab people, Lizard people, and Oprah…there ALL behind this!

        (Did I miss any obligatory groups?)

        1. You left out the Pentavirate.

          1. Ooh, I hate The Colonel, with his wee, beedy eyes.

            1. Thank you. I thought I was speaking into a vacuum for a minute there.

        2. Who are those guys in the black helicopters?

        3. Jews. Why does everyone forget the Jews?!

    2. Would it be too conspiratorial to wonder if you’re in collusion with the left to make them seem like the only rational voices in the room?

      1. We have you here so that there is no way anyone will make that mistake.

      2. Wow. “Left” and “rational” in the same sentence. That’s a gut-buster. Oh, me sides are achin’ from all the laughter.

      3. Tony, with you in the room, Larouchies seem rational.

  3. I find it amusing that it’s stated that believing that a federal mandate of same-sex marriage is unconstitutional is at odds with believing that “don’t ask, don’t tell” should be abolished? How are the two contradictory?

  4. “Elena Kagan should be borked.”

    So long as I don’t have to watch.

    1. I like to watch.

  5. Who was it that supposedly has an internal problem with ideological purity tests? I forget.

  6. Yeah, my first reaction on reading the headline was “Ewww.” But i guess kobold women need love too. Warty?

    1. As a former D&D nerd, I’d say she looks more like a gnome than kobold. I’d say dwarf, but she doesn’t have a beard… unless she shaves.

      1. As a former D&D nerd, I’d say she looks more like a gnome than kobold.

        And as a Lawn Gnome, though we aren’t a vulgar people, we offer you a hearty “Fuck you!”

        Ms. Kagan is a very fat halfling. You should know Dwarven facial hair is immune to electrolysis, former D&D nerd.

        Roll a saving throw to block her nomination if you wish to be useful!

        1. “Roll a saving throw to block her nomination if you wish to be useful!”

          Former D&D nerd. The last time I saw a 20-sided die, Duran Duran was in the top ten.

          I am, however, willing to accept that she may be a halfling. Especially since they tend to go to law school more often than gnomes, who typically opt for mechanical engineering and chemistry.

          1. Duran Duran’s single “(Reach Up for the) Sunrise” was #1 in 2004.

            1. *sigh* More like around this time.

        2. I can’t believe you Lawn Gnomes use that type of language. It would seem to detract from your cuteness factor.

      2. Gnomes can be hawt, especially in 4th edition, where all the PC races are better looking than ever. Dwarven ladies definitely lost their beards.

        That’s WOW influence for you.

  7. Dance Monkey! Dance!

  8. The truth is, on the fundamental issues of executive power and civil liberties, we simply do not know enough about Kagan’s views

    I have a theory.

  9. LOL, as long as I dont have to watch. She certainly has no shortage of ugliness!


    1. Louie, get off that computer and help me rehearse!

    2. Oh SNAP, burned by a bot.

    3. My line was stolen by a bot. I send him a virus, but his anonymity will allow him to hide. Curse you!!

  10. Borked. Is that one of those euphemism thingees?

    1. No, it’s a medical slang for “Butt Forked”, AKA as a Barr Rectal Specula. SFW.

      1. Wow. The number of shockingly evil contraptions devised by the minds of men knows no bounds.

        1. Trust me cap l, some of them get pretty diabolical and downright medieval.

          However, for rectal surgery, such as a fistula repair, they are quite necessary.

  11. Insolence! What right have any of you to question a fully credentialed Harvard Asshole?

    Who Harvard hath screened, let no man tear asunder.

    1. That is AWESOME.

    2. Harvard is an argument for dropping a Tsar Bomb on Massachusetts.

      1. Tsar Bomba. And you only say that so McGill will be the new standard.

        1. How do you say “Grammar Nazi” (or is that “Grammar Commissar”?) in Russian?

          1. Speaking of which, that should be:

            Whom Harvard hath screened…”

          2. Stalin.

    3. no matter how many faculty parking permits on our Subaru Foresters

      When did faculty members trade in their blue Volvos for Subarus? What the hell has happened to standards?

  12. Good article, I hope the public will finally wake up to the rampant anti-Harvard bias faced by people such as Kagan. What these men and womyn have to deal with on a daily basis makes me shudder, but there is hope. This passage was particularly inspiring:

    Her Asshole missionary work and softball skills quickly drew the attention of then-President Bill Clinton who, despite his Yale degree, was wise enough to see that she had ‘the right stuff’ to serve as his Assistant Deputy White House Under-Under Subsecretary for Minority Elderly Women’s Domestic Pet Policy

    Preach on brother, preach on.

    1. Her policy paper arguing that Minority Elderly Woman (Since all woman are repressed by men, all woman are minority) had the right to marry their pet cats and receive Medicare Survivor Benefits when they died was well reasoned and scholarly

  13. However, for rectal surgery, such as a fistula repair, they are quite necessary.

    “Fistula Repair” would be a good name for a metal band. Warty?

    1. Imagine Fistula Repair and Atavistic Mustache on a double bill.

    2. Sounds too self-conscious. It might be good enough for a bunch of hipsters pretending to be a metal band, though, but those people deserve to be put in burlap sacks and thrown into the ocean.

  14. There was a Count Fistula.

  15. I’d bork her.

    Oh, wait… is this a Stagliano production?

    1. In Soviet Russia, Kagan borks you!

      1. I thought she’d been doing that since January 20, 2009.

  16. This is all getting totally out of control. I can see her nomination being withdrawn (Ooooo errrrr missus) at this rate.

    1. Only if Obama feels that, “if you’ve lost The Nation, you’ve lost the nation.

      1. Which nation is that, anyway? I always thought it was the Soviet Union.

  17. Wouldn’t it be more of a miersing?

  18. To be fair to The Nation I would have to go back a year to be absolutely sure of where they stood in the case of Sotomayor. Here they claim ‘The truth is, on the fundamental issues of executive power and civil liberties’ is something of value, but I don’t recall them having much concern for either of these matters in in the case of Sotomayor whose record rubberstamped executive power and took a shit on civil liberties.

    Now, why would The Nation have deferred on something so substantial of which they claim to be greatly concerned? Could it be the facial history in the making, ‘the first Latina’, was more important to them than something they confess to believe in is set back by a generation with the Sotamayor nomination? Well, on the flip side, given that they are making noise with the Kagan nomination, congratulations Jews, uncork the champagne, you are now officially white!

    1. Well, in the case of Citizens United, I think we can be pretty sure that The Nation would like to believe that she was arguing out of her personal convictions rather than simply those of the administration.

      And you can bet that, if The Nation was convinced she strongly supported the 2nd Amendment, they would be screaming for her head.

    2. I already feel like I have lost my tinge of ethnicity when I order bagels with ncream cheese and lox.

      1. When your typical ass kicking action hero from the shooters is of the Hebrew extraction, Sam Fischer from Splinter Cell and Gordon Freeman from Half Life, than it was only a matter of time.

        I bet Duke Nuke’m bleaches his hair blond, but does no ass kicking on the Sabbath.

        But then again, Max Payne?

        1. Hmm . .. Irish, a Cop, short tempered, shoots junkies in the back of the head as they are throwing up in commodes, and seriously addicted to pain killers, I guess as an anti-hero instead of a full fledged good guy it is not so much of a stretch.

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