Robert Bork got “Borked”!. Justice Thomas, a black conservative, was treated shamelessly during his hearing (where was the NAACP?); and C.J. Roberts’ wife was in tears during his confirmation. Republicans do not have to adopt the same “Soprano” tactics as the tactless liberals in the Senate but clearly Kagan is a judicial lightweight with a very strong activist leaning. We have just witnessed Justice Sotomayor reversing what she said during her hearings regarding following precident (Heller) and voted in the minority in McDonald v. Chicago. Her vote should not have been a shock to anyone as her track record clearly laid out her disdain for the Constitution and specifically 2nd Amendment rights. (She has stated in her opinions that the 2nd Amendment does not apply to States?)
Kagan is Sotomayor without any judicial experience. Kagan can only be judged on her past writings and positions that she has publically taken on the issues. The bottom line is that she is not a constructionist in any shape or form and on that alone she should run for Congress but not be confirmed as a Supreme Court Justice. My beef is not so much with Kagan as it is with the Senate Republicans.
Jeff Sessions is one of the few Senators that actually asks tough questions and has researched her writings, positions, and public statements. In the final analysis, the Republicans will lay down and not bother to filibuster. At the very least they should try a filibuster for an hour just so they can get the hang of it. They need to force Obama to go back to the well and get someone who at least is somewhat qualified. The Dems crucified Bush with his Harriet Miers nomination and forced him to go seek a qualified candidate. They did this without a hearing!
It is the responsibility of the Senate to confirm Presidential appointments to the Supreme Court. It is the obligation of the opposition party to at least act like one. Alas, with the republicans being led to slaughter by those who lack any intestinal fortitude, such as Senator Lindsay Graham, there is not much hope of that happening.
Elections do matter. With this administration ruling by fiat, the Supreme Court is that last defense against a total statist takeover.
Scary when you think that Obama and Justice Kennedy (the swing vote on the Supreme Court, statists vs. constitutionalist) alone hold the future of this country in their hands!