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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
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1 posted on 04/06/2012 6:02:02 PM PDT by Clintonfatigued
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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)
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To: Clintonfatigued

3 posted on 04/06/2012 6:04:24 PM PDT by SkyPilot
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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.)
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To: SkyPilot

Dykes on bikes?


5 posted on 04/06/2012 6:05:29 PM PDT by WashingtonSource
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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
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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
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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.)
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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.)
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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!)
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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
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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
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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
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To: vette6387

http://www.joanbiskupic.com/


14 posted on 04/06/2012 6:20:00 PM PDT by tumblindice (our new, happy lives)
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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?)
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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
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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)
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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.)
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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)
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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.)
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