Monday, May 10, 2010

Kagan and the rashness of the Obama Administration

Wow, how many out there thought we would wake up this morning with a candidate for the Supreme Court with zero judicial experience? I bet there are a lot of judges out there feeling pretty bad that they couldn't make the cut against someone without experience on the bench. What does that say about the judicial system in America?

Honestly based on experiences with this Administration so far, I thought we would have another John Paul Stevens clone, instead we have the Sarah Palin of the Judicial world, except Palin actually held elective offices, however brief.

Her road to the bench appears to be a rocky one as she is already being marked as both anti-gay and pro-gay, if you can believe it. Kagan as you might remember tried to block recruiting on the Harvard campus because of the military's "Don't ask, don't tell" policy. On the other side of the coin, she is on record saying gays don't have the Constitutional right to marriage, which doesn't earn her friends in the gay community.

As one would expect, the Democrats are saying she is superbly qualified to be one of the top nine Justices in the land. Because remember, arguing a case in front of the Supreme Court is the same as judging a case on the court, right? I'll have to leave that up to my son who wants to be a lawyer, but to me if arguing cases in front of the court is just as good as being a Justice, shouldn't we pick the person who has argued the most cases in front of the court?

The Republicans are saying they won't rubber stamp her nomination and will give her a fair hearing. Meaning they will use every resource they have to block her nomination, based solely on the fact she was nominated by a Democrat.

Final thoughts: Thinking back to Obama's first Supreme Court Justice, this shouldn't surprise anyone. After all, Justice Sotomayor probably had the most cases overturned in the Court, why not try someone without all that Judicial baggage?

1 comment:

  1. I don’t really know that much about Kagan, but I do know that there is no experience requirement to become a judge. I can only hope that Obama knows what he is doing when it comes to selecting judges. I realize his move was completely political, but let’s be honest; he is a politician. It is what they do. In the end, he is going to be the one to take the flak if anything goes wrong. I truly hope nothing does, however. Our country has enough problems to deal with these days, another one does not need to be added to the heap.

    ReplyDelete