Tuesday, July 06, 2010

Republicans to Democrats: Confirm your partisan judicial nominee along party line

In a written statement, McConnell quoted Kagan as telling the Senate Judiciary Committee this week it is "difficult to take off the advocate's hat and put on the judge's hat."
The statement added, "That difficulty is particularly acute for someone like Ms. Kagan, who has spent so much of her adult life practicing the art of political advocacy rather than practicing law."--DAVID ESPO
59-41

That’s all you need to know regarding the Elena Kagan confirmation to the Supreme Court of the United States of America. Those are the numbers by which she most likely will be confirmed, unless of course some Republican Senator doesn’t get it and decides to cast his or her vote with Democrats to confirm her. (see article)

By “doesn’t get it,” I’m referring to why Kagan was selected by president Soetoro. Kagan is the Progressive’s attempt to politicize the Supreme Court. If you haven’t noticed by now Barry Hussein Soetoro and Democrats have politicized everything—every aspect of government and every aspect of our lives since Democrats took complete control of government.

So more directly, Liberals know that they will remain slightly outnumbered on the court. Until they can remedy that little inconvenience, what they are hoping for is to neutralize the Conservative’s one-person advantage with Kagan.

Kagan is supposed to be a political consensus builder with the unique ability to argue the Progressive point of view so convincingly that she solidifies the liberal block of the court. In addition, she is there to woo Conservative Justices with Siren like Progressive arguments in hopes of luring the unsuspecting Conservative Justice(s) into join the Liberal bloc thus crashing the Conservative bloc on the court onto the jagged rocks of Progressivism until such a time that Progressives can dominate the court by the sheer strength of their numbers.

[A Supreme Court nominee needs] "both legal experience and, more importantly, the appropriate judicial philosophy, regrettably [Elena Kagan] does not meet this standard."—Sen. Orrin Hatch (R-Utah)

To carry out this plan Kagan will need the political acumen of a John Marshall , a William Howard Taft or an Earl Warren all politicians (rather than judges) who were appointed to the Supreme Court. Like the appointees of yesteryear Democrat Progressives were urging President Soetoro to go backward to appoint a politician rather than a judge as was done in the past since Democrats first got the notice of Justice John Paul Stevens’ retirement. The president complied to their wishes with Elena Kagan.(see here and here)

Therefore, a vote for Kagan isn’t because she is a well-qualified judge, she isn’t. Neither is it because she has the experience or the judicial temperament to be a Justice on the court. She doesn’t. No, a vote for Kagan is like everything else that we have seen by Democrats and Barry Hussein Soetoro; from bailouts to stimulus, to health care, to Illegal entry into this country, to the oil spill in the Gulf of Mexico is all political to Democrats. All for some perceived political advantage. Democrats politicize everything at the expense of what is good for the country.

Now they are going to politicize the Supreme Court. Meaning that instead of nine justices attempting to adjudicate by the constitution and derive at what is best for the country there will be one Justice who is a mole and her purpose is to attempt to steer decisions down partisan lines for no other reason than for what’s best for Liberal Democrats Progressives’ ideology. This act will make the Supreme Court—a court that is supposed to be apolitical—as partisan as the Congress. Ergo, there is always some underlying supposition with a Liberal Democrat pushing the Progressive agenda.

Kagan is not the finest legal mind available. She has no judicial experience and there are at least hundreds of not thousands of lawyers with the same if not better legal expertise as Kagan. However, what Kagan does have that they don’t, is for most of her adult life Kagan has be practicing the art of partisan political advocacy for politically contacted Progressives rather than practicing law.

Kagan acknowledged people “can tell something about my views” based on her work for former President Bill Clinton and as solicitor general in the Obama administration, but vowed to separate her beliefs from any deliberations she would make from the high court’s bench.
“My politics would be — have to be — separate from my judging,” she said during a second day of questioning before the Senate Judiciary Committee.-- Susan Crabtree, The Hill

Kagan is an admitted partisan. I seem to remember that particular Judge in the past having been Borked for less partisanship than Kagan. A Republican Senator who cast a vote for the confirmation of Elena Kagan will be casting a vote for transforming the Supreme Court into a political instrument of the Left. That is why me thinks, the lady had to attest that she would set her politics aside and only apply the law as bound by the constitution.

That task me thinks will be harder for Kagan to accomplish than that of the Argonauts of Greek Mythology sailing pass the Siren songs of the flowery island of Anthemoessa.

Yet, even though Kagan’s confirmation will be detrimental to the Republic and to the Country, she will receive some Republican votes. The 59-41 party line split by which she will be confirm by inevitability will be bloated to 63- 37 by defecting self-serving Republicans who place political correctness over integrity, honor and country. Moreover, that will depend largely on whether Republican Leadership can hold their caucus together, like Democrats have done for the past 10 to 11 years.