Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Justice Kagan--Giving liberals a rhetorical lift
Yahoo News ^ | April 5, 2012 | Joan Biskupic

Posted on 04/06/2012 6:01:59 PM PDT by Clintonfatigued

During three days of arguments over the Obama healthcare plan, Supreme Court Justice Elena Kagan put on a display of rhetorical firepower, reinforcing predictions that the newest liberal justice is best equipped to take on the conservative, five-man majority controlling the bench.

The strong views and persuasive tactics of the administration's former top lawyer could affect the fate of the healthcare overhaul, as well as decisions in other ideologically charged issues that will come before the court, such as same-sex marriage.

Kagan's sturdy advocacy was evident to law professors and to lawyers who practice before the court during her first term. But the healthcare debate has offered her a more prominent platform with bigger stakes. She pressed her argument as ardently as any lawyer who stepped to the lectern.

At the final session on the final day of arguments, attorney Paul Clement, representing 26 states challenging the healthcare law, had barely uttered three opening sentences when Kagan pounced.

What followed was one of the most aggressive exchanges of the entire three days.

(Excerpt) Read more at news.yahoo.com ...


TOPICS: Constitution/Conservatism; Editorial; Government
KEYWORDS: implicitbarfalert; scotus

1 posted on 04/06/2012 6:02:02 PM PDT by Clintonfatigued
[ Post Reply | Private Reply | View Replies]

To: AuH2ORepublican; Impy; GOPsterinMA; justiceseeker93; ExTexasRedhead

Elena Kagan may replace Stephen Breyer as leader of the Court’s liberal faction.


2 posted on 04/06/2012 6:04:12 PM PDT by Clintonfatigued (A chameleon belongs in a pet store, not the White House)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Clintonfatigued

3 posted on 04/06/2012 6:04:24 PM PDT by SkyPilot
[ Post Reply | Private Reply | To 1 | View Replies]

To: Clintonfatigued

Kagan is a Marxist psychopath radical, and should be disbarred for not having recused herself from a bill she helped design.


4 posted on 04/06/2012 6:05:04 PM PDT by stephenjohnbanker (God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SkyPilot

Dykes on bikes?


5 posted on 04/06/2012 6:05:29 PM PDT by WashingtonSource
[ Post Reply | Private Reply | To 3 | View Replies]

To: Clintonfatigued

Kagan was not a star at all. She was a doofus who scored no points. None. Joan Biskupic needs to retire. She’s an idiot. This is pure agitprop.


6 posted on 04/06/2012 6:06:30 PM PDT by WashingtonSource
[ Post Reply | Private Reply | To 1 | View Replies]

To: Clintonfatigued

A justice isn’t supposed to be an advocate. Of course that is just my opinion and irrelevant in the world today.


7 posted on 04/06/2012 6:09:54 PM PDT by JimSEA
[ Post Reply | Private Reply | To 1 | View Replies]

To: SkyPilot

i woke up one day and found myself in a Far Side cartoon from hell.


8 posted on 04/06/2012 6:09:58 PM PDT by the invisib1e hand (I think in about 5 - no, 4 - years I'll have had enough.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Clintonfatigued

Bull Kagan, Ginsberg, Breyer, Wise Latina pretend to defend the Constitution and most Americans pretend to believe them.


9 posted on 04/06/2012 6:10:36 PM PDT by Jacquerie (No court will save us from ourselves.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: WashingtonSource

This is for the people who weren’t paying attention. She made an idiot of herself and the author is hoping people’s memories are short.


10 posted on 04/06/2012 6:13:35 PM PDT by BushCountry (I hope the Mayans are wrong!)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Clintonfatigued

NBC complained that the 5th circuit court brought politics into the court room?


11 posted on 04/06/2012 6:13:41 PM PDT by gusopol3
[ Post Reply | Private Reply | To 1 | View Replies]

To: WashingtonSource

Will someone please tell us what a Biskupic is? I think I had one on my backside a while back.


12 posted on 04/06/2012 6:15:40 PM PDT by vette6387
[ Post Reply | Private Reply | To 6 | View Replies]

To: Clintonfatigued

Shhh, judges aren’t supposed to be activist anymore...


13 posted on 04/06/2012 6:15:40 PM PDT by Vince Ferrer
[ Post Reply | Private Reply | To 1 | View Replies]

To: vette6387

http://www.joanbiskupic.com/


14 posted on 04/06/2012 6:20:00 PM PDT by tumblindice (our new, happy lives)
[ Post Reply | Private Reply | To 12 | View Replies]

To: Clintonfatigued
Kagan is unlikely to embrace that activism of a bygone era.

But Boobama himself "decried" judicial activism. Except he didn't when he discussed it years ago as a way of getting around the Constitution.

15 posted on 04/06/2012 6:20:24 PM PDT by a fool in paradise (Barack Obama continued to sponsor Jeremiah Wright after he said "G.D. AMERIKKA!"Where's the outrage?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Clintonfatigued
You'd better get over quick and check out the comments. Yahoo is gonna shut them off.

Reporters are also supposed to be fair and without bias, but that's clearly not the case in this article. When terms like "energized", "groundbreaker" and "standout" are used to describe a justice BECAUSE of her hyper-liberal views, the author has shown her hand as one that cannot be fair.
and that's one of the milder ones.

16 posted on 04/06/2012 6:21:27 PM PDT by TexasSecede79366
[ Post Reply | Private Reply | To 1 | View Replies]

To: Clintonfatigued

What does, “Who could refuse a boatload of money?” have to do with constitutionality? All the people are doofuses!


17 posted on 04/06/2012 6:21:43 PM PDT by Shery (in APO Land)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Clintonfatigued

-——A keen strategist, she can also match wits with Chief Justice John Roberts and Antonin Scalia, the longest-serving conservative on today’s bench.-——

Somehow I seriously doubt Kagan has the intellectual wherewithal to match wits with your avg 8th grader let alone the chief justice Roberts or Scalia


18 posted on 04/06/2012 6:26:46 PM PDT by Popman (America is squandering its wealth on riotous living, war, and welfare.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Clintonfatigued

She reasons like a 3rd grader with a 4th grade vocabulary, if that is a “rhetorical lift” the liberals are in trouble.


19 posted on 04/06/2012 6:30:51 PM PDT by GeronL (The Right to Life came before the Right to Pursue Happiness)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Clintonfatigued

You know, the Libs won’t be satisfied until they find themselves in totalitarian-collectivist-statist bondage with jackboot heels on their throats.

But I don’t think they get it.

They may not even get it when they’re lined up in front of trenches to be disposed of for the having lost their usefulness.


20 posted on 04/06/2012 6:35:26 PM PDT by Westbrook (Children do not divide your love, they multiply it.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Clintonfatigued

Elena Kagan:

Any of you conservative purists still thinking about voting 3rd party? Then don’t be surprised if we wind up with one, maybe two, more Elena Kagans


21 posted on 04/06/2012 6:35:33 PM PDT by Signalman
[ Post Reply | Private Reply | To 1 | View Replies]

To: Clintonfatigued

I understand both factions are considered partisan, but it seems to be the “liberal” justices are the ones bent on destroying our way of life (on the offensive) while the “conservative” ones are those trying to preserve it (always playing defense).


22 posted on 04/06/2012 6:38:07 PM PDT by kearnyirish2
[ Post Reply | Private Reply | To 1 | View Replies]

To: Clintonfatigued
Elena Kagan put on a display of rhetorical firepower...

"Wow! Wow!" Kagan exclaimed in disbelief, as Clement rejected her hypothetical offers...

"Wow! Wow!" is what passes for rhetorical firepower these days?

Then again, maybe she was actually saying "Bow! Wow!". If she was, and she was also sitting and holding up one paw, then that would have been a neat trick. I hope Chief Justice Roberts gave her a cookie.

23 posted on 04/06/2012 6:40:51 PM PDT by smoothsailing
[ Post Reply | Private Reply | To 1 | View Replies]

To: kearnyirish2

“Of all tyrannies, a tyranny sincerely exercised for the good
of its victim may be the most oppressive. It may be better to live
under robber barons than under omnipotent moral busybodies.
The robber baron’s cruelty may sometimes sleep, his cupidity may
at some point be satiated, but those who torment us for our own good
will torment us without end for they do so with the approval
of their own conscience.”

CS Lewis


24 posted on 04/06/2012 6:42:40 PM PDT by Signalman
[ Post Reply | Private Reply | To 22 | View Replies]

To: Clintonfatigued

Kagan’s sturdy advocacy
*****
Advocacy? A US Justice?

WTH????


25 posted on 04/06/2012 6:55:01 PM PDT by Finalapproach29er (God humbles and (if need be) destroys the false idols of the peoples. Be patient, folks...)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Clintonfatigued
Kagan tried to puncture Clement's argument that bringing more people into the program would impinge on states' sovereignty and further strain their budgets, even though the government would pick up 90 percent of the cost.

Oh, yeah, that's brilliant legal reasoning, because the FEDERAL money wasn't taken from the people in the STATES at gunpoint in the first place, was it, Yer Ho'ner? Kagan makes the same mistake as the rest of the left in thinking that the "government" has money it hasn't stolen from my pocket.

I'm in a foul mood this evening. I hope Kagan, Obama and all the rest split hell wide open before morning.

26 posted on 04/06/2012 7:00:57 PM PDT by old3030 (I lost some time once. It's always in the last place you look.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Clintonfatigued

Does this woman really believe this propaganda that she’s written?


27 posted on 04/06/2012 7:12:40 PM PDT by popdonnelly (Socialism isn't going to work this time, either.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Clintonfatigued

Kagan is the dyke who got Obama to spin out of control this week by calling Him and telling him the results of the first vote. I listened toher oral arguements...not all that bright.


28 posted on 04/06/2012 7:13:35 PM PDT by JohnD9207 (Santorum...the only Conservative in the race.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Signalman

“Any of you conservative purists still thinking about voting 3rd party?”
Re=phrased:
Any of you conservative purists still thinking about not voting for Romney?

I would not urinate upon his burning carcass/


29 posted on 04/06/2012 7:25:25 PM PDT by tumblindice (our new, happy lives)
[ Post Reply | Private Reply | To 21 | View Replies]

To: kearnyirish2

No offense intended but what is going to stop Mitt for brains from making as many mistakes on his high court choices Geotge HW Bush did? While I agree with your general premise another moderate Republican does not guarantee good court decisions. He might be our damn choice again but after MCCain, Dole, Bush I, and Gerald Ford why is a moderate progressive such a great choice? Getting tired of pluggig my nose when voting. Romney would have made a better impression onme if he would have attended the Associated Depressed Editors Meeting and said “With respect pound sand” They will not be kind to Mitt, so why play. Mitt better work on gaining the base instead of calling the right wing purists. Grow a pair Mitt, the only states you have won are those that OStalin will carry, ME, Mass, Vt, Michigan, Il, WI. Again witn respect, Mitt better win us over because he moves to the middle better than McLame without a war hero record.


30 posted on 04/06/2012 7:25:30 PM PDT by JohnD9207 (Santorum...the only Conservative in the race.)
[ Post Reply | Private Reply | To 22 | View Replies]

To: Clintonfatigued

Where’s the BARF ALERT!!!


31 posted on 04/06/2012 7:27:18 PM PDT by 1FreeAmerican
[ Post Reply | Private Reply | To 1 | View Replies]

To: JohnD9207

Romney knows we have nowhere else to go (as Obama does with his base); as somebody pointed out, both parties are bringing us to the same place, while the Dems are just doing it more quickly.


32 posted on 04/06/2012 7:31:17 PM PDT by kearnyirish2
[ Post Reply | Private Reply | To 30 | View Replies]

To: Signalman
You're effin right I won't vote for Romney, regardless of your “feelings”, and I'm far from what would be considered a "Pure" conservative.

I have my own motivations for refusing to vote for Romney the moderate aside from my previous declarations. First off, if you believe you'll get any better SCOTUS nominee from him versus Obama, I say his record shows you to be naive.

Also, I believe the only possible way to return this country to prosperity is to let the marxists continue their tyranny until the patriots finally are convinced the only option left is to exercise the primary reason behind the second amendment. The ballot box will no longer suffice, and that isn't simply a personal opinion, but an observation of recent trends and an analysis of our current situation concerning our electorate.

33 posted on 04/06/2012 7:32:24 PM PDT by Pox (Good Night. I expect more respect tomorrow.)
[ Post Reply | Private Reply | To 21 | View Replies]

To: Clintonfatigued

Where’s the BARF alert?


34 posted on 04/06/2012 7:41:18 PM PDT by Mach9
[ Post Reply | Private Reply | To 1 | View Replies]

To: Clintonfatigued

Barf alert ?


35 posted on 04/06/2012 7:42:14 PM PDT by prov1813man (While the one you despise and ridicule works to protect you, those you embrace work to destroy you)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Signalman
You don't need to be a “purist” to look at Romney's judicial appointments and suspect he would appoint another Kagan.
36 posted on 04/06/2012 8:04:31 PM PDT by Durus (You can avoid reality, but you cannot avoid the consequences of avoiding reality. Ayn Rand)
[ Post Reply | Private Reply | To 21 | View Replies]

To: vette6387

A bicuspid - isn’t that some kind of tooth?......


37 posted on 04/06/2012 9:13:57 PM PDT by Intolerant in NJ
[ Post Reply | Private Reply | To 12 | View Replies]

To: Clintonfatigued

Kagan’s sturdy advocacy was evident to law professors and to lawyers who practice before the court during her first term.
************************
So this yammering author of the article believes that SOTUS justices can have multiple terms and that’s why she mentioned it was Kagan’s FIRST term????? ....Also the author’s mention of five Conservative justices was incorrect, so she was just following Obama’s lead that to overturn the mandate would be judicial activism. ...Damn! Liberals can’t help but make me despise them.


38 posted on 04/07/2012 12:04:20 AM PDT by octex
[ Post Reply | Private Reply | To 1 | View Replies]

To: Westbrook; stevie_d_64
You know, the Libs won’t be satisfied until they find themselves US in totalitarian-collectivist-statist bondage with THEIR jackboot heels on their OUR throats.

There, fixed it.

The rest is good as it stands. First they shoot us all, then they get shot in turn.

Robert Conquest and a co-author wrote a book about this stuff in the late 70's when Jimmuh and his crowd looked like they were going to let the Soviets take us over, called What to Do When the Russians Come. It was based on generations of historical observation, eyewitness accounts, genuine history, not projection or guesstimation about what a Communist takeover looks like. Grim reading, preppers all ought to have a look.

39 posted on 04/07/2012 12:44:34 AM PDT by lentulusgracchus
[ Post Reply | Private Reply | To 20 | View Replies]

To: Clintonfatigued
Her arguments were legislative in nature and not judicial. Doing such things as discussing how exchanges work in states without a mandate, etc. Kennedy had a good rebuttal by saying that striking down part of the law that changes the complete functionality of the other parts of the legislation is essentially imposing a court created new law and that is not the role of the judicial branch. Kagan's argument provided no consideration to the fact she was sitting as a member of a court, not a member of a legislature.

Yes, she's knowledgeable - but having a lot of knowledge without the ability or will to apply that knowledge correctly and appropriately is actually worse than being completely ignorant...certainly not something for which she should be praised as a member of a court.

40 posted on 04/07/2012 1:20:10 AM PDT by Republican Wildcat
[ Post Reply | Private Reply | To 1 | View Replies]

To: Clintonfatigued
Biskupic is a real JournoList toad and Regime duckspeaker.

Duckspeaker Kagan jumps all over the advocate, will barely let him speak, and just like at Hitler's show trial for von Stauffenberg, the judge bickers, lectures, and trashes him from the bench like a Nazi judge exemplifying das Fuehrerprinzip -- what the Boss wants, the Boss gets, and the law exists to make sure he gets it

41 posted on 04/07/2012 1:23:59 AM PDT by lentulusgracchus
[ Post Reply | Private Reply | To 1 | View Replies]

To: Clintonfatigued

Anyone who thinks Kagan seemed competent and/or smart is a moron indeed.


42 posted on 04/07/2012 3:06:43 AM PDT by trebb ("If a man will not work, he should not eat" From 2 Thes 3)
[ Post Reply | Private Reply | To 1 | View Replies]

To: stephenjohnbanker

“Kagan is a Marxist psychopath radical...”

One of many in power. (The real threat is the part of the electorate that loves Progressives.)

IMHO


43 posted on 04/07/2012 6:34:21 AM PDT by ripley
[ Post Reply | Private Reply | To 4 | View Replies]

To: lentulusgracchus
Quite right. She embarrassed our Supreme Court. Her conduct was awful.

At her next public appearance, someone must ask her directly if she leaked the votes of the court.

44 posted on 04/07/2012 5:46:08 PM PDT by Jacquerie (No court will save us from ourselves.)
[ Post Reply | Private Reply | To 41 | View Replies]

To: Clintonfatigued

If only God had graced her with looks she’d be a happy housewife instead of a thorn in our side.


45 posted on 04/09/2012 1:21:40 AM PDT by Impy (Don't call me red.)
[ Post Reply | Private Reply | To 2 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson