GOP Argues Kagan Won't be Impartial on Court

(CBS/AP)  Democrats have more than enough votes to confirm President Obama's Supreme Court nominee Elena Kagan, but that's not stopping conservative opponents from stepping up their efforts to get senators to vote "no."

Special Section: Elena Kagan

The Senate Judiciary Committee concluded nearly a week of hearings on Kagan but not before Republicans argued that the solicitor general would have trouble putting aside her political leanings and ruling in an impartial way.

A vote by the committee is expected within weeks to send Kagan's nomination to the full Senate. She's on track for confirmation after a smooth performance before senators this week.

The GOP called several military witnesses Thursday who said Kagan's decision as dean of Harvard Law School to bar Pentagon recruiters from the campus career services office over the ban on openly gay soldiers made her unfit to be a justice.

Retired Army Capt. Flagg Youngblood compared her treatment of recruiters to racial segregation and said it reflected "a condescension towards American rule of law." A vote for Kagan, Youngblood said, was "a vote to harm the interests of our military."

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Kagan defended her actions during this week's hearings, saying she had tried to comply with Harvard's anti-discrimination policy without jeopardizing the school's eligibility for federal funds under a law that required equal access for military recruiters. Under her arrangement, recruiters had to work through a student-run veterans' organization.

Democrats called Lilly Ledbetter - the central figure in a 2007 Supreme Court decision saying discriminatory pay actions by companies had to be addressed immediately, or not at all - to urge support for Kagan. Ledbetter said the court needs more liberal justices like Justice Ruth Bader Ginsburg and retiring Justice John Paul Stevens.

"My case shows that who gets appointed to the Supreme Court really makes a difference. If one more person like Justice Ginsburg or Justice Stevens were on the court - one more person who understands what it's like for ordinary people living in the real world - then my case would have turned out differently," Ledbetter said.

Kagan's allies also invited conservative fans of Mr. Obama's nominee to vouch for her appeal to people across the ideological spectrum.

Harvard Law School Professor Jack Goldsmith, a Justice Department official under President George W. Bush, said Kagan would be a "truly outstanding Supreme Court justice" and that she had a "commitment to treating everyone and all ideas on the merits, rather than through an ideological lens."

Conservative activists, however, argued that Kagan was too driven by liberal views.

"We believe that Ms. Kagan will be an agenda-driven justice on the court and she will oppose even the most widely accepted protections for unborn human life," said Charmaine Yoest of the anti-abortion group Americans United for Life.

Tony Perkins of the conservative Family Research Council said Kagan's opposition to discrimination on the basis of sexual orientation suggests that she has a "far-left agenda" that includes invalidating state laws defining marriage as between one man and one woman.

"We do not need a justice on the Supreme Court who sees it as her life mission to write the homosexual version of Roe v. Wade," Perkins said, referring to the 1973 ruling that established abortion rights.

Kagan has said she doesn't believe there's a constitutional right to gay marriage, but she declined during this week's testimony to give her views on the constitutional validity of a federal law defining marriage as between one man and one woman - a question that could soon be before the court.

The National Rifle Association said Kagan "has repeatedly demonstrated a clear hostility to the fundamental, individual right to keep and bear arms guaranteed under the U.S. Constitution." In a letter to senators Thursday, the group's leaders said Kagan's confirmation vote would be considered in NRA's candidate evaluations.

Meanwhile, the Democratic Party put Kagan front and center Thursday on an e-mail appeal to raise funds and sign up supporters for Mr. Obama's agenda.

"Kagan for Justice," reads a bumper sticker-style headline on a website where supporters are asked to sign their names and give their e-mail addresses, then taken to a site where they are asked to donate money to the Democratic National Committee.

Also topping the site is a picture of a smiling Kagan, who pledged repeatedly to cast aside any political allegiances if confirmed and decide cases solely on the basis of the Constitution and the law.

The appeal comes from Donna Brazile, one of Democrats' top voter registration officials.

"The Democratic Party is pushing back to ensure that this incredible woman gets a fair hearing, but we must also show that public support for Kagan is overwhelming," Brazile writes.

[mrjustice1]

[REPEAT THIS CALL FOR OBAMA'S OUSTER
UNTIL LEGAL PROCEDURES ARE WELL UNDER WAY]


IN SUM TOTO OR ANYWAY YOU LOOK AT IT - BASED ON THEIR POLITICAL BELIEFS -
OBAMA'S AND KAGAN'S ACTIONS WILL FURTHER WEAKEN AND DESTROY AMERICA

Hussein Obama is as close to an enemy-president as can be.
His ally, Elena Kagan, is expected to reinforce Obama's philosophies via Supreme Court Decisions well into the future.

That nightmarish, worst-of-all blunders that the electing populace voted into the White House, forces us to live and re-live practically a nightmare a minute, as the results of this genuine Manchurian Incumbent.


HUSSEIN OBAMA: THE GREATEST NURTURER OF DIVISIVENESS SINCE THE U.S. CIVIL WAR

Hussein Obama has divided and polarized our America to such great extent,
that
BREAKAWAY REGIONS AND POLITICAL MOVEMENTS WITH IMPLICATIONS OF ANOTHER U.S. CIVIL WAR have been formed and AND ARE GROWING!

How much more of Hussein Obama's weakening, damage and destruction can America take!?


CONCLUSION:
Hussein Obama continues to work in ANYTHING BUT the good interests of The United States of America.

We MUST act now, to assure us that Obama is ousted from office EVEN BEFORE his term is up.

Denying Supreme Court confirmation to his willfully-conspiring accomplice Kagan,
is essential toward America's survival as a nation!

[DocD--2008]

mrjustice1_Bin_Laden, we can all see through your post, go back under the rock you crawled out from under and bury your ugly head again. You are a fool and an idiot and have no clue in hell about which you speak.

[realist51]

so the conservatives say she has a left wing liberal idealology. and this upsets them. i suppose if she had a right wing idealology she would be basing all decisions on merit and not right wing idealologies. not like the recent ruling that over turned 100 years of precedence about tcorperations being an individual. as far as the military testifiying that she is anti military and bad for the military is a bunch of hockey the ruling about the recruiters has nothing to do with rulings about the military. it was about discrimination. this is once again a far reach for the republicans. and another valient attempt to stop everything that this administration is doing. here again just say NO NO NO

[lloydbest1]

"Conservative activists, however, argued that Kagan was too driven by liberal views."

"Tony Perkins of the conservative Family Research Council said Kagan's opposition to discrimination on the basis of sexual orientation suggests that she has a "far-left agenda" that includes invalidating state laws defining marriage as between one man and one woman."

"Republicans argued that the solicitor general would have trouble putting aside her political leanings and ruling in an impartial way."

All three statements above are prime examples of why we need someone like Kagan (or someone further left) on the bench. If ever there was a need for a "liberal" social activist on the supreme court, it is now. Not that Kagan is one by any wild stretch of the imagination but she has demonstrated a token ambivalence, at least, if not actual hostility to the far-right rantings of the Neo-con machine.

That's a start. Not much of a start but a slight nudge away from the cliff off of which the far right is trying so desperately hard to hurl this country.

Glen Beck has said more than once we are in an ideological war
(actually, I think he said "cultural" war but he means the same thing) with what he calls leftist elements but are really include anyone further left than, say, David Duke or the late Jesse Helms. If he is right, then this is a war he and his ilk MUST lose. Installing centrists such as Kagan in the Supreme Court will insure some continuing sanity in judicial descisions and, with luck, temporarily derail the ultra right's agenda. Make no mistake, putting Ms. Kagan on the bench won't alone solve our problems but she's not likely to do our country any additional harm.

[watkinsjr2000]

The GOP argues that Elena Kagan won't be impartial on the Supreme Court.Even if this were the case(and we have no evidence that it is),how would that make her different from Antonin Scalia,Clarence Thomas,& Samuel Alito? This criticism of Elena Kagen is totally partisan & utterly hypocritical!

[fiberglass3]

I would guess that Elena Kagan could be as impartial as U.S. District Judge Martin Feldman was toward the oil industry.

Remember he rejected that request and has refused to stay his ruling while the government appeals to the 5th U.S. Circuit Court of Appeals.

He struck down the Interior Department's decision to halt approval of new permits for deepwater projects and suspend drilling on 33 exploratory wells.

[babooph]

The military is now to give input on civilian law?-I thought they had their own SEPARATE system-a voice stress analysis could be used for BOTH the questions & answers[it was used once on a Carter speech & quietly disappeared forever after]...

[payasyougo]

Simple.

Put her under oath during the committee questioning so her activity on the bench will be bound by perjury.

Do this for all politicians.

[propitiation]

DEMS argue Alito Won't Be Impartial on Court

This is just the job of the opposing political party!

[YourRearViewMirror1]

-Knock Knock Knock
-What can I do for you?
-Good Afternoon, my name is Mr. Sam Rich and I am the CEO of the Greed Corporation. Here is a box

with about $10 Millions in Cash for your upcoming Re-Election Campaign. I want you to always favor Walls

Street over Main Street on all upcoming legislations.
-Please give it to my staff. Ask them for the Bank Routing and Account numbers so that next time you do

not have to carry another heavy box.
-Oh No! C-SPAN and the BBC are filming us right now and taking a lot of pictures.
-Do not worry, the 5 Conservative Justices of the U.S. Supreme Court ruled on Jan 21, 2010 that this

Corruption is perfectly Legal and Constitutional like in Mexico. I nolonger have to knock on so many doors

in my district begging the idiot fools for a contribution and for their votes.
-Wow great! I have to go now. I have about 100 more boxes with cash for other key political leaders. I

need as many friends in Capital Hill as I can afford. I hope you win over your 'Retarded Liberal' opponent.

Please feel free to let me know directly if you need more $$$.
-Thank you for your wishes and kind donation and may God help the Greed Corporation earn even more

profits without working harder.

[YourRearViewMirror1]

As of Jan 21, 2010, the 5 Conservative Justices in this U.S. Supreme Court switched America from a

Democracy to an Oligarchy state.

http://www.supremecourtus.gov/opinions/09pdf/08-205.pdf

The basis for the Court Decision was the redefinition of a Corporation as an Individual. Corporations are

also made of and run by Foreign People like Osama Bin Ladin.

If you were mad, angry, sick and tired of Washington not listening to WE THE PEOPLE, then you have

seen absolutely nothing yet.

If you were mad, angry, sick and tired of Absolute Corruption in Washington, then you have seen absolutely

nothing yet.

http://www.cbsnews.com/blogs/2010/02/08/politics/politicalhotsheet/entry6186381.shtml

According to retired Conservative Justice Ms. Sandra Day O'Conner, if you can Legally Corrupt any

Politician by Financing his Re-Election Campaign with $Millions, then what will stop anyone from Legally

Corrupting any Elected Judge for Courts under the U.S. Supreme Court?

Why should our legislators and judges favor WE THE PEOPLE when Corporations can now Legally finance

their political campaigns without limits?

[propitiation]

There is more to it than just 5 Conservatives agreeing on the case mentioned above. It's more complicated:

KENNEDY, J., delivered the opinion of the Court, in which ROBERTS,
C. J., and SCALIA and ALITO, JJ., joined, in which THOMAS, J., joined as to all but Part IV, and in which STEVENS, GINSBURG, BREYER, and SO-TOMAYOR, JJ., joined as to Part IV. ROBERTS, C. J., filed a concurring opinion, in which ALITO, J., joined. SCALIA, J., filed a concurring opin-ion, in which ALITO, J., joined, and in which THOMAS, J., joined in part. STEVENS, J., filed an opinion concurring in part and dissenting in part,in which GINSBURG, BREYER, and SOTOMAYOR, JJ., joined. THOMAS, J., filed an opinion concurring in part and dissenting in part.