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Kagan Botches Oral Argument In Supreme Court Appearance At Citizens United Lawsuit
RealClearPolitics ^ | 5-10-2010 | Hot Air

Posted on 05/11/2010 8:11:43 AM PDT by raybbr

Hot Air explains how Solicitor General Elena Kagan muffed her argument in front of the Supreme Court on the Citizens United v. FEC case: In fact, the crux of the case was the issue of limiting expenditures as an expression of political speech, not contributions. Kagan started off her argument by misconstruing the issue and then offering a factually incorrect reading of precedent. Both Scalia and Kennedy objected to it before Kagan even had time to get the argument completed, although as the transcript notes, she didn’t pay much attention to them.

Transcript below:

ORAL ARGUMENT OF ELENA KAGAN

ON BEHALF OF THE APPELLEE GENERAL KAGAN: Mr. Chief Justice and may it please the Court:

I have three very quick points to make about the government position. The first is that this issue has a long history. For over 100 years Congress has made a judgment that corporations must be subject to special rules when they participate in elections and this Court has never questioned that judgment.


Number two -

JUSTICE SCALIA: Wait, wait, wait, wait. We never questioned it, but we never approved it, either. And we gave some really weird interpretations to the Taft-Hartley Act in order to avoid confronting the question.

GENERAL KAGAN: I will repeat what I said, Justice Scalia: For 100 years this Court, faced with many opportunities to do so, left standing the legislation that is at issue in this case — first the contribution limits, then the expenditure limits that came in by way of Taft-Hartley — and then of course in Austin specifically approved those limits.


(Excerpt) Read more at realclearpolitics.com ...


TOPICS: Constitution/Conservatism; Front Page News; News/Current Events
KEYWORDS: blunders; citizensunited; kagan; kagantruthfile; lawsuit; scotus
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To: Dilbert San Diego

I guarantee that if she is confirmed the MSM will then, and only then, shout out what a grand and historic event this is, that the first “openly” homosexual has been appointed to the Supreme Court.


21 posted on 05/11/2010 8:29:52 AM PDT by Obadiah (I can see November from my house!)
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To: raybbr

“muffed her argument”

Ha ha.


22 posted on 05/11/2010 8:30:45 AM PDT by Jewbacca (The residents of Iroquois territory may not determine whether Jews may live in Jerusalem.)
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To: teeman8r

Google “muff”.


23 posted on 05/11/2010 8:31:07 AM PDT by Second Amendment First ("Stripping motivated people of their dignity and rubbing their noses in it is a very bad idea.")
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To: RicocheT

Anyone nominated by Obama will be exactly the same. That does not mean we should not fight. I’m just pointing out that we can count on her to vote for the Left the same way Stevens did.


24 posted on 05/11/2010 8:31:09 AM PDT by Personal Responsibility (I'd use the /s tag but is it really necessary?)
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To: Second Amendment First
" obama chooses to keep her lesbianism under wraps"

Good luck with that.


25 posted on 05/11/2010 8:31:48 AM PDT by Jewbacca (The residents of Iroquois territory may not determine whether Jews may live in Jerusalem.)
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To: raybbr
She reminds me of Kathy Bates, only not as pretty.


26 posted on 05/11/2010 8:32:18 AM PDT by Jaxter ("Pro Aris et Focis")
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To: SnakeDoctor

LOL...let’s lose “muff” too when referring to the whale.


27 posted on 05/11/2010 8:34:39 AM PDT by Mountain Mary ("No weapon is as formidable as the will and moral courage of free men and women" Ronald Reagan)
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To: Personal Responsibility
Can’t be worse than the ridiculous lib she’s replacing.

She's 40 years younger than the ridiculous lib she's replacing! Contemplate THAT if you will.
28 posted on 05/11/2010 8:35:56 AM PDT by Deo volente (God willing, America will survive this Obamination.)
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To: Mac from Cleveland

lol.

I cannot imagine who believes the Prez should be able to ban books and films should be anywhere near the SCOTUS


29 posted on 05/11/2010 8:36:01 AM PDT by GeronL (http://tyrannysentinel.blogspot.com)
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To: Jaxter

I haven’t mastered the art of transferring images to FR. But if you go to Lauraingraham.com, there is a wonderful likeness displayed between Ursula and EK. Maybe you can bring that over here for us! thanks..MM


30 posted on 05/11/2010 8:36:41 AM PDT by Mountain Mary ("No weapon is as formidable as the will and moral courage of free men and women" Ronald Reagan)
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To: Mountain Mary; Jewbacca; SnakeDoctor

Bet this thread doesn’t last long.


31 posted on 05/11/2010 8:37:12 AM PDT by Second Amendment First ("Stripping motivated people of their dignity and rubbing their noses in it is a very bad idea.")
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To: ETL

Reference bump - thanks! ;-)


32 posted on 05/11/2010 8:42:13 AM PDT by Tunehead54 (Nothing funny here ;-)
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To: Mac from Cleveland

lol!!


33 posted on 05/11/2010 8:43:57 AM PDT by Ann Archy (Abortion,,,,,,the Human Sacrifice to the god of Convenience.)
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To: teeman8r

“I will repeat what I just said, Justice Scalia.”
“YOU ARE OUT OF ORDER MS. KAGAN!”


34 posted on 05/11/2010 8:46:26 AM PDT by massgopguy (I owe everything to George Bailey)
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To: Second Amendment First

oh, i know what it IS... i just don’t get it... (sigh)


35 posted on 05/11/2010 8:46:30 AM PDT by teeman8r (NO vember is coming... vote them out)
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To: raybbr

She is not qualified I tell you!!!


36 posted on 05/11/2010 8:51:22 AM PDT by CPT Clay (Pick up your weapon and follow me.)
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To: raybbr
Oral Argument In Supreme Court Appearance At Citizens United Lawsuit

You mean she muffed it?

37 posted on 05/11/2010 8:52:34 AM PDT by dfwgator
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To: raybbr

Senator Lindsey Graham, a South Carolina Republican on the judiciary panel, said in a statement yesterday that Kagan has a “strong academic background” and that he has been “generally pleased with her job performance as solicitor general,” particularly on terrorism issues.

http://preview.bloomberg.com/news/2010-05-10/republicans-will-review-brief-litigation-experience-of-court-pick-kagan.html

Gomer Pyle Speaks


38 posted on 05/11/2010 8:53:34 AM PDT by ZULU
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To: raybbr

Afterwards, she was called on the carpet.


39 posted on 05/11/2010 8:53:59 AM PDT by dfwgator
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To: SnakeDoctor
They will try to get her confirmation through Lickity Split.
40 posted on 05/11/2010 8:55:07 AM PDT by ImJustAnotherOkie (zerogottago)
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