Russell and Duenes

Just Never Answer the Question

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Ever since Democrats savagely and mercilessly shot down the eminently qualified Robert Bork as a Supreme Court nominee, we have been routinely served the kind of mealy-mouth non-answers in confirmation hearings that Elena Kagan gives to Senator Coburn’s question below. Since Bork, all nominees are told to say, well, absolutely nothing of any importance, though of course, if Kagan had on-record more conservative views and was nominated by a Republican president, it would be a 100% certainty that she would have already had her reputation trashed, would have been called totally unqualified, and a filibuster would be in progress. Ruth Bader Ginsburg is far more radical than Robert Bork ever hoped to be, and she was confirmed by a large margin. I think it’s safe to say that Kagan will be, too. The Republicans have no stomach for pressing and shooting down Democratic nominees with obviously leftist views such as Kagan, even when they have the numbers to do it. Any Republican who thinks that he or she will get a quid pro quo from Democrats on confirmation of “conservative” nominees at some point in the future is insane. As Jonah Goldberg has so aptly said about these “sham” Supreme Court hearings,

They are a nonviolent and fairly bloodless cousin to totalitarian show trials, where everyone follows a script and politicians pretend to be “gravely concerned” and “shocked” upon “discovering” things they already knew. And that’s why Kagan should be the hero of this tale. She has vociferously argued that the “Bork hearings were great . . . the best thing that ever happened to constitutional democracy.” She has lamented how, ever since, the hearings process has become nothing more that “a repetition of platitudes.” Kagan once implored senators to dig deep into the nominee’s “constitutional views and commitments.”

For a taste of Kagan’s radicalism, I refer you to this piece.


Written by Michael Duenes

June 29, 2010 at 5:17 pm

Posted in Duenes, Supreme Court

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