Kagan’s Recuse

 Obama’s progressive choice to fill a spot on the US Supreme Court has “recused” (a fancy legal term used to describe a person who has a conflict of interest or a lack of partiality on an issue) herself from 21 of the 39 cases the high court will hear for the balance of this year.  So, she will miss more than 50% of the cases because she was “substantially involved” as a solicitor general!  Well done, Barack, you chose a real winner this time!!!!  Now we know why some of Congress voted against her confirmation!   At least, she had the gumption to excuse herself because of a conflict of interest!


May 13 Posting:  This week-end Obama nominated Elena Kagan to fill the seat of retiring Supreme Court Justice John Paul Stevens (age 90).  I did a little research and came up with some facts (and factoids) concerning her nomination.  Below are some of the issues to be dealt with if she succeeds to the highest court in the land.

First, she will have to explain her objections to military recruiting at Harvard because of the “don’t ask, don’t tell” policy of the Defense Department.  Does she have something against gay people? Or is she sympathetic to the gay cause?  I am betting she is very sympathetic!

Next, she has NEVER served as a judge at any level of the judicial system.  Unbelievably,  judicial experience is not required for a Supreme Court Justice; but, it seems to me that it SHOULD be required!  Kind of a “duh!”  She recently argued a case; but for the most part, she has been a lecturer/professor of law at the University of Chicago and Harvard.  She has never held the gavel to decide someone’s fate!

There will three other odd, perplexing concerns assuming she passes muster!   One, she will be the 4th sitting justice from the state of New York!  Aren’t there some smart, qualified, experienced people from the other 49 states?  Two, if confirmed, there will be no Protestants on the court….they will ALL be Jewish or Catholics!  So much for religious diversity!!  I am not sure what the percentage of Protestants is in the United States…..but I bet it is higher than ZERO! And, three,  the coup de grace, ALL will be Ivy Leaguers!!  Doesn’t it make you feel all warm and fuzzy knowing that we are entrusting our futures to a bunch of academia, “out-of-touch” types…yeah, not so much for me, either! 

As an aside, Kagan served as a White House Counsel for Bill Clinton from 1995 to 1999!  I  wonder what advice she gave Bill when he perjured himself on the Lewinsky affair!  Did she represent him at the impeachment hearings before the House of Representatives?  Maybe she gave him advice on the type of cigar that women really like!

But, you have to give Obama credit for dishing up another progressive hot potato for the Centrists and Conservatives to chew on.  The only problem is that this hot potato could be around for thirty or forty years passing her own personal biases under the guise of gravitas…..and we will dance as the puppeteer pulls our strings.


One response to “Kagan’s Recuse

  1. So, if there is a tie at 4 to 4, does the case go back to the lower court? Do they invite a “temporary” judge in to fill her spot? Another poor appointment by Obama! The sooner he is booted out of office, the better this country will be! Let’s start on 11/2 and kick the left-wing Democrats out of office!

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