Obama Will Appoint Elena Kagan to Supreme Court

[cavegal]

I just read that on another blog.  Curious how many of Lord Zero's appointments have ties to those evil big bankers and WallStreet businesses.

Funny ? How everything comes back to Goldman Sach's?  Did you know Goldman gets a percentage of EVERY transaction on certain trades on Wall Street? I forget the ones but a percentage of every deal.

[Hawkgirl]

Same sex marriage coming soon, to a city near you.

[The Village Idiot]

So THAT was her, was it??

http://www.cnsnews.com/news/article/65600

(CNSNews.com) - Solicitor General Elena Kagan, nominated Monday to the U.S. Supreme Court by President Barack Obama, told that court in September that Congress could constitutionally prohibit corporations from engaging in political speech such as publishing pamphlets that advocate the election or defeat of a candidate for federal office.

Kagan’s argument that the government could prohibit political speech by corporations was rejected by a 5-4 majority of the Supreme Court in the case of Citizens United v. Federal Election Commission. Justice Anthony Kennedy wrote the majority opinion in that case, and in a scathing concurrence Chief Justice John Roberts took direct aim at Kagan’s argument that the government could ban political pamphlets.

“The Government urges us in this case to uphold a direct prohibition on political speech. It asks us to embrace a theory of the First Amendment that would allow censorship not only of television and radio broadcasts, but of pamphlets, posters, the Internet, and virtually any other medium that corporations and unions might find useful in expressing their views on matters of public concern,” wrote Roberts. “Its theory, if accepted, would empower the Government to prohibit newspapers from running editorials or opinion pieces supporting or opposing candidates for office, so long as the newspapers were owned by corporations—as the major ones are. First Amendment rights could be confined to individuals, subverting the vibrant public discourse that is at the foundation of our democracy.”
 
Justice Kennedy described the law Kagan had defended as an illegitimate attempt to use “censorship to control thought.”
 
“When Government seeks to use its full power, including the criminal law, to command where a person may get his or her information or what distrusted source he or she may not hear, it uses censorship to control thought,” Kennedy wrote in the majority opinion. “This is unlawful. The First Amendment confirms the freedom to think for ourselves.”

excerpt

[The Village Idiot]

One of the MSM memes is that she might move the court to the right... haha

[Chris_]

Barry sure knows how to pick winners, doesn't he?

[The Village Idiot]

This is the Soclitior General who argued in front of SCOTUS in Citizens United that the President had the power to ban books, even if one line endorsed or bashed a candidate in a 500 page tome, the way she argued it would even apply to websites, talk radio, TV, Kindle downloads and just about anything else.

[cavegal]

As the days go by, it is going to be shocking what she stands for. Rush this morning said she is exactly like Obama! I do not see a way to stop her from becoming a Justice. Unless the Republicans grow a set!

[Alpha Mare]

Kagan in '97 urged Clinton to ban late abortions

LITTLE ROCK, Ark. — As a White House adviser in 1997, Supreme Court nominee Elena Kagan urged then-President Bill Clinton to support a ban on late-term abortions, a political compromise that put the administration at odds with abortion rights groups.

The memo is more of a political calculation than a legal brief, but Kagan and Reed urged Clinton to support the compromise despite noting that the Justice Department believed the proposal was unconstitutional.

http://www.google.com/hostednews/ap/article/ALeqM5jeXchxAxYCCrkbmv5D_usLKKJPNgD9FK93UO1

[Hawkgirl]

http://www.google.com/hostednews/ap/article/ALeqM5jeXchxAxYCCrkbmv5D_usLKKJPNgD9FK93UO1

Well, I have to support that as it's a step in the right direction.

[littlelamb]

I guess he is just hell bent on ruining our nation every chance he gets

[Chris_]

Ok, that is so Mike Meyers. This is a SNL joke, RIGHT? Please.

[Chris_]

Ok, that is so Mike Meyers. This is a SNL joke, RIGHT? Please.

If only.  At least SNL only lasts an hour and a half.

Kagan's Role Against Military Recruitment Scrutinized

The Solomon Amendment was passed two decades after Harvard first banned military recruiters over the issue of discrimination against gays. Afterward, military recruiters were still allowed to recruit students on campus through the Harvard Law School Veterans Association, a student group.

However, after the Sept. 11, 2001, terror attacks, Republicans in Congress called it a disgrace that military recruiters were being hampered in a time of war, and the Bush administration threatened to cut off funding.

In 2002, Harvard Law School relented and allowed military recruiters to use a campus office.

Kagan continued that policy after becoming dean in 2003, the same year a major lawsuit was brought by 36 law schools challenging the Solomon Amendment. Harvard did not join the lawsuit, but filed a brief siding with the other schools.

In 2004, the 3rd U.S. Circuit Court of Appeals found the Solomon Amendment unconstitutional. The next day, Kagan banned military recruiters from using the campus office, but still allowed work through the veterans group.

http://www.foxnews.com/politics/2010/05/11/kagans-role-military-recruitment-scrutinized/

[Chris_]

From last year...

The Obama Administration argued Monday that no court, including the Supreme Court, has the authority to hear a challenge by Indiana benefit plans to the role the U.S. Treasury played in the Chrysler rescue, including the use of “bailout” (TARP) funds. The Indiana debt holders, U.S. Solicitor General Elena Kagan wrote, simply have no right to raise that issue, thus putting it out of the reach of the courts.

The government’s brief opposing a plea to delay the Chrysler sale can be downloaded here.  The main case at the Court is Indiana State Police Pension Trust, et al., v. Chrysler LLC (application 08A1096).  (The other filings in the Chrysler proceeding before the Court, and this blog’s weekend coverage, can be found at this link.)

http://www.conservativecave.com/index.php/topic,29668.0

[Hawkgirl]

So, the big question..are the Republicans going to be a roadblock...or will she be on SCOTUS?

[thundley4]

So, the big question..are the Republicans going to be a roadblock...or will she be on SCOTUS?

From everything that I have heard, she will be a shoe in.

[The Village Idiot]

So, the big question..are the Republicans going to be a roadblock...or will she be on SCOTUS?

She will be on SCOTUS. The GOP can be a speedbump if they want to be though.

[JohnnyReb]

I read somewhere that according to some of PhD papers that she hopes the U.S. becomes socialist state.

Can't find that article now....but if it's true, that right there is enough for me to say "NO" to her.

[debk]

Was she "vetted" before she became Solicitor General? I heard on Fox that it was minimal compared to what it will be for SCOTUS.

Pray for an illegal maid that she didn't pay taxes for .....

[DumbAss Tanker]

There are actually more pluses to her than I would have expected from Obama.  In the recruiting case, despite the fact it was ultimately a 9-0 loser at the Supreme Court, her position was consistent with both the District and Circuit Court decisions and what her institution's benefactor$ wanted her to do, it's not going to stick to her in the confirmation hearings.

Her position in the Citizens United case was just nuts, but again, an advocate's job is to pursue what the client demands, hard over on the client's side of the issue, not going in down the center from the git-go...the client in this case being an Administration controlled by some creeps from Chicago. 

[Hawkgirl]

The troubling factor in my mind is that she's never been a judge.  No judicial experience.  I suppose she fits right in with this Administration.

[diesel driver]

The troubling factor in my mind is that she's never been a judge.  No judicial experience.  I suppose she fits right in with this Administration.

You know it....

Zero hasn't nominated ANYONE yet that is more qualified than he is....

'Nuff said....

[thundley4]

Was she "vetted" before she became Solicitor General? I heard on Fox that it was minimal compared to what it will be for SCOTUS.

Pray for an illegal maid that she didn't pay taxes for .....

How about an illegal maid that she sexually harassed?

[debk]

The troubling factor in my mind is that she's never been a judge.  No judicial experience.  I suppose she fits right in with this Administration.

That's the same problem I am having.

She's been a Harvard professor for years, hasn't even practiced law except for a couple of years, never been a judge.

We have a president who was a Harvard professor, and was only a senator for a few months, never a governor or run a business.....

....and look where we are 16 months after he took over.

As far as I'm concerned...the only thing being a Harvard law professor qualifies one for is to be a law professor at Yale, or Columbia, or Timbucktoo U.....

[The Village Idiot]

There are actually more pluses to her than I would have expected from Obama. 

The media is lying, trying to make her sound moderate when she is not. Like abortion, the fact is she did NOT advise Clinton to sign the partial-birth abortion ban.

http://www.conservativecave.com/index.php/topic,43981.0.html

[debk]

How about an illegal maid that she sexually harassed?

We should be so lucky....