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John McCain: I won’t support Elena Kagan
Hotair ^ | 07/07/2010 | Ed Morrissey

Posted on 07/07/2010 12:23:45 PM PDT by SeekAndFind

John McCain declared his opposition to confirming Elena Kagan to the Supreme Court this morning in an essay for USA Today that will allow veteran observers to update their whip counts — and not much else. The Senator who currently faces a primary challenge from his right in Arizona makes a good case for conservative opposition. However, it misses a couple of words that would actually make this newsworthy:

In 1987, I had my first opportunity to provide “advice and consent” on a Supreme Court nominee. At that time, I stated that the qualifications essential for evaluating a nominee for the bench included “integrity, character, legal competence and ability, experience, and philosophy and judicial temperament.” On that test, Elena Kaganfails.

When Kagan was dean of Harvard Law School, she unmistakably discouraged Harvard students from considering a career in the military — even while claiming to do otherwise — by denying military recruiters the same access to Harvard students that was granted to white-shoe law firms. Kagan did so because she believed the military’s “don’t ask, don’t tell” policy to be “a profound wrong — a moral injustice of the first order.”

While Kagan is entitled to her opinion, she was not entitled to ignore the law that requires universities to allow military recruiters on campus under terms of equal access with all other recruiters. The chief of recruiting for the Air Force’s Judge Advocate General Corps described the impact of Kagan’s changes by saying that “Harvard is playing games.” The Army’s report from that same period was even more blunt, stating, “The Army was stonewalled at Harvard.” …

I have previously stated that I do not believe judges should stray beyond their constitutional role and act as if they have greater insight than representatives who are elected by the people. Given the choice to uphold a law that was unpopular with her peers and students or interpret the law to achieve her own political objectives, she chose the latter. I cannot support her nomination to the Supreme Court where, based on her prior actions, it appears unlikely that she would exercise judicial restraint.

As well-constructed as this argument goes, it’s essentially moot. Barring an extraordinary effort by Republicans, Barack Obama doesn’t need McCain to get on board to confirm Kagan’s appointment to the court. The two words missing from McCain’s essay are “filibuster” and “block.” Without those two words, McCain’s essay is an academic exercise — and perhaps just a wee bit of grandstanding.

I don’t believe in judicial filibusters except in circumstances of incompetence or corruption. Barring those conditions, Presidents have the privilege of appointing jurists to the federal courts as a consequence of their election. Of course, it’s also worth mentioning that Barack Obama is the only President ever to cast a vote to filibuster a Supreme Court nomination, that of Samuel Alito, so Republicans actually have a fairly solid precedent on which to try one with Kagan, who is demonstrably less qualified than Alito, both in judicial experience and depth of publication.

That would still not make it right, and principled opposition is probably the best option, but let’s not kid ourselves that a Republican voting against Kagan will be particularly newsworthy. This will pass on a party-line vote or very close to it, and the real news will be (a) that Republicans didn’t try for the block like Democrats did with Alito, and (b) those few Republicans who vote to confirm Kagan, if any.


TOPICS: Culture/Society; Front Page News; Government; News/Current Events; US: Arizona
KEYWORDS: arizona; elenakagan; johnmccain; supremecourt

1 posted on 07/07/2010 12:23:47 PM PDT by SeekAndFind
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To: SeekAndFind

Well whoopie friggin’ doooo, John...Yer a peach of a guy...


2 posted on 07/07/2010 12:27:07 PM PDT by stevie_d_64 (I'm jus' sayin')
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To: SeekAndFind
Kagan is a progressive.. but alas... so is John McLame..
Whats wrong with this picture?... The "conservative" Mole rides again..
McLame rides a donkey...
3 posted on 07/07/2010 12:29:33 PM PDT by hosepipe (This propaganda has been edited to include some fully orbed hyperbole....)
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To: SeekAndFind

If McCain always voted the way he talks this year he would have been elected President in 2000. If any Arizonan believes he will vote in the future the way he talks this year, I have some great vacation land on Europa I’m willing to let go for a very good price.


4 posted on 07/07/2010 12:30:08 PM PDT by stevem
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To: SeekAndFind

There are 58 Democrats and probably a couple of Republicans who will.


5 posted on 07/07/2010 12:31:07 PM PDT by Non-Sequitur (Abraham Lincoln: For when it happened too long ago to blame on George W. Bush)
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To: SeekAndFind

It’s called The RINO Hokey Pokey dance, for those who haven’t seen “The Maverick” on public display before!


6 posted on 07/07/2010 12:31:07 PM PDT by J Edgar
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To: SeekAndFind

McRat deserts a sinking ship.


7 posted on 07/07/2010 12:31:14 PM PDT by Mojave (Ignorant and stoned - Obama's natural constituency.)
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To: SeekAndFind

Did McWindsock say something?


8 posted on 07/07/2010 12:36:33 PM PDT by avacado
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To: SeekAndFind

Time for McLame to exercise his election-year muscles.


9 posted on 07/07/2010 12:37:33 PM PDT by TheClintons-STILLAnti-American
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To: Non-Sequitur

RE: There are 58 Democrats and probably a couple of Republicans who will.

Kagan really is a lost cause. Unless someone filibusters, she IS the next Justice of the Supreme Court. No amount of wishing otherwise is going to change that. McCain’s vote one way or the other isn’t going to amount to a hill of beans.

That’s what we get for either : Voting for Obama or in the case of conservatives, staying home and boycotting the elections.


10 posted on 07/07/2010 12:44:08 PM PDT by SeekAndFind
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To: SeekAndFind
I have previously stated that I do not believe judges should stray beyond their constitutional role and act as if they have greater insight than representatives who are elected by the people.

I have previously stated that I do not believe judges should stray beyond their constitutional role and act as if they have greater insight than representatives who are elected by the people. than the founding fathers when they wrote the United States Constitution.

McCain can't resist the same temptation he is berating Kagen for.

11 posted on 07/07/2010 12:51:15 PM PDT by IamConservative (Liberty, guns and ammo; all a good man needs to succeed.)
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To: SeekAndFind
too late doucbag..RE: the douchbag
12 posted on 07/07/2010 12:54:37 PM PDT by CGASMIA68
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To: SeekAndFind

Don’t worry Juan, I’m sure Cindy will find a beer route for you to drive.


13 posted on 07/07/2010 1:01:28 PM PDT by TexasCajun
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To: TheClintons-STILLAnti-American
Time for McLame to exercise his election-year muscles.

If that's the price paid for keeping the likes of Kagen off the SCOTUS, I'll take it. That anti-military, anti-American shrew has no business being seated in the nation's highest court.

14 posted on 07/07/2010 1:06:34 PM PDT by ScottinVA (The West needs to act NOW to aggressively treat its metastasizing islaminoma!)
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To: SeekAndFind

Won’t help any but now we know Graham won’t vote for her either.


15 posted on 07/07/2010 1:11:27 PM PDT by Reagan Disciple (Peace through Strength)
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To: Reagan Disciple

Sure he will he’s not up for reelection.


16 posted on 07/07/2010 1:13:19 PM PDT by kalee (The offences we give, we write in the dust; Those we take, we engrave in marble. J Huett 1658)
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To: kalee

Maybe you’re right. I think he’s too much of lackey to buck the old man and make him look bad, but what do I know.


17 posted on 07/07/2010 1:18:43 PM PDT by Reagan Disciple (Peace through Strength)
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To: SeekAndFind

Sickening thing about McCain is that he knows how to pretend to be a conservative when it suits him but as soon as he shrugs off Hayworth, he’ll go right back to working with his “friends” on the other side of the aisle, which means voting for the likes of Kagan, supporting cap-and-trade, supporting all sorts of high taxes and big government, selling out the GOP at every turn and probably denouncing many of the conservatives now cowardly endorsing him.

It make me ill.


18 posted on 07/07/2010 1:26:35 PM PDT by OrangeHoof (Washington, we Texans want a divorce!)
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To: SeekAndFind
Right now; I don't care about his 'record'; am glad he is voting NOOOOO to Kagen as should every frickin Repub! Poser Presidents do not deserve to have their nominations put in place; particularly when their motives and agenda fall under the category of a Treason to our Country.

This nomination by all 'rights' should be shelved, permanently. Oh that it would be. . .

19 posted on 07/07/2010 1:26:56 PM PDT by cricket ('flies don't lie')
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To: SeekAndFind

Yep it’s an election year...


20 posted on 07/07/2010 1:47:25 PM PDT by US Navy Vet
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To: SeekAndFind

This honestly IS a surprise.

I figured juan and “The Kurgan” were of the same mind on most things judicial.


21 posted on 07/07/2010 1:48:59 PM PDT by Dr.Zoidberg (Warning: Sarcasm/humor is always engaged. Failure to recognize this may lead to misunderstandings.)
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To: ScottinVA
"That anti-military, anti-American shrew has no business being seated in the nation's highest court. "

Except that she fits in perfectly with Obama's New Ununited States of America.

22 posted on 07/07/2010 1:50:32 PM PDT by TheClintons-STILLAnti-American
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To: SeekAndFind

23 posted on 07/07/2010 1:56:57 PM PDT by Berlin_Freeper
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To: SeekAndFind

Head Eunuch preaching to the Eunuch Choir.


24 posted on 07/07/2010 2:46:07 PM PDT by Hoosier-Daddy ( "It does no good to be a super power if you have to worry what the neighbors think." BuffaloJack)
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To: SeekAndFind

right/s


25 posted on 07/07/2010 2:48:17 PM PDT by MissDairyGoodnessVT (Free Nobel Peace Prize with oil change =^..^=)
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To: AdmSmith; Berosus; bigheadfred; blueyon; Convert from ECUSA; dervish; Ernest_at_the_Beach; ...
Thanks SeekAndFind.
Barring an extraordinary effort by Republicans, Barack Obama doesn't need McCain to get on board to confirm Kagan's appointment to the court. The two words missing from McCain's essay are "filibuster" and "block." ...Of course, it's also worth mentioning that Barack Obama is the only President ever to cast a vote to filibuster a Supreme Court nomination, that of Samuel Alito, so Republicans actually have a fairly solid precedent on which to try one with Kagan, who is demonstrably less qualified than Alito, both in judicial experience and depth of publication.

26 posted on 07/07/2010 3:25:05 PM PDT by SunkenCiv ("Fools learn from experience. I prefer to learn from the experience of others." -- Otto von Bismarck)
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To: SeekAndFind

Throwing a bone or two to the conservative rubes. Plotting his revenge when he strips off their skin in the next congress.


27 posted on 07/07/2010 3:30:05 PM PDT by Chaguito
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To: SunkenCiv

They are supposed to be doing what’s best for the country. I don’t see Robert Bork on the SC. Bork her. She’s a dangerously unqualified candidate.


28 posted on 07/07/2010 3:40:35 PM PDT by Hoosier-Daddy ( "It does no good to be a super power if you have to worry what the neighbors think." BuffaloJack)
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To: Chaguito

Yea, alas, that awful Kagan will get all but 30 votes instead of all but 29, big deal. But it will impress the Charlie Browns of AZ.


29 posted on 07/07/2010 8:53:47 PM PDT by Theodore R.
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