Posted on 05/25/2010 5:54:53 PM PDT by george76
In 2006, Elena Kagan hailed Israeli supreme court justice Aharon Barak as her judicial hero:
other folks view him much less favorably than Kagan doesand that she may have a strange view of what democracy is and what the rule of law entails. Heres some of what Seventh Circuit judge Richard A. Posner has to say about Barak (in his book How Judges Think, pp. 362-368)*:
" One of the most prominent of the aggressively interventionist foreign judges is Aharon Barak . [H]is book on judging is Exhibit A for why American judges should be wary about citing foreign judicial decisions . Although Barak is familiar with the American legal system and supposes himself to be in some sort of sync with liberal American judges, he actually inhabits a completely and, to an American, weirdly different juristic universe.
[W]ithout a secure constitutional basis, Barak created a degree of judicial power undreamt of by our most aggressive Supreme Court justices . "
Posner also quotes Judge Bork as writing that Barak establishes a world record for judicial hubris.
(Excerpt) Read more at nationalreview.com ...
The ultimate ultraleft judicial activist.
The list, ping
Jeeze Barack Obama, just cut to the chase and put Israeli Justice Aaron Barack on the court! Why settle for the the understudy?
“Barak created a degree of judicial power undreamt of by our most aggressive Supreme Court justices . Among the rules of Israeli law that Baraks judicial opinions have been instrumental in creating are that any citizen can ask a court to block illegal action by a government official even if he is not personally affected by it ; that any government action that is unreasonable is illegal ; that in the name of human dignity a court can order the government to alleviate homelessness and poverty; and that a court can countermand military orders .”
I have not yet found the smoking gun but I strongly think it’s out there somewhere. Kagan appears to be an adherent to Critical Legal Studies. A neo-Marxist legal theory that believes that law is no more than politics.
http://en.wikipedia.org/wiki/Critical_legal_studies
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.