Saturday, May 22, 2010

New Obama Threat

Elana Kagan is the latest extreme Obama nominee to threaten our Constitution and Bill of Rights. She has repeatedly advocated being an activist judge and is often at odds with the First Amendment. Joined with rhetoric of the need to control the Internet and reintroduction of the so-called 'fairness doctrine' this is indeed alarming to a free people. And reminiscent of Moscow 1921, Berlin 1933, and Peking 1949. With quotes like:"It should be no surprise by now that many of the votes a Supreme Court justice casts have little to do with technical legal ability and much to do with conceptions of value," Kagan said in a review of Yale law professor Stephen Carter's book "The Confirmation Mess." and:Kagan quoted Carter approvingly to say that to decide the hard cases that rise to the level of Supreme Court review, justices must use their judgment. When they do that, Kagan said (again citing Carter), their "own experience and values become the most important data."

It may be hard to divine just what Kagan meant, but it's "not calling balls and strikes," says Georgetown University law professor Pamela Harris.
In handwritten notes that were among the thousands of pages of documents Kagan provided the Senate Judiciary Committee, she said judicial review "should be exercised w/ caution" because it involves overturning the actions of popularly elected officials.

Interpreting the Constitution is not mechanical, she said. If it were, it "wouldn't be issue," Kagan wrote in abbreviated notes.

Interpretation, Kagan said, "necessarily + inevitably" involves "political + policy questions."
These all point to phoning and emailing your state's US senators and urging them to NOT confirm Ms. Kagan to the Supreme Court of the United States of America.

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