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Elena Kagan and Laura Bush: When Pigs Really Fly

Kudos to the President for nominating another lady to the supreme court. Well done. But something’s not right here. What is it…? Oh, yeah.

I’m really, really glad Obama chose a woman. I really, really wish she were more liberal. I suspect she’ll be okay on Roe and other “social issues,” but her attitude to executive power is alarming.

Also, rumors abound that Kagan is gay. Let’s just pretend for a second that we care….

Glad that’s over.

As for social issues, the President has really given us a treat! He picked someone that is kind of pro-choice! OMG! But wait…

As a White House adviser in 1997, Supreme Court nominee Elena Kagan urged then-President Bill Clinton to support a ban on late-term abortions, a political compromise that put the administration at odds with abortion rights groups.

Documents reviewed Monday by The Associated Press show Kagan encouraging Clinton to support a bill that would have banned all abortions of viable fetuses except when the physical health of the mother was at risk. The documents from Clinton’s presidential library are among the first to surface in which Kagan weighs in the thorny issue of abortion.

The abortion proposal was a compromise by Democratic Sen. Tom Daschle. Clinton supported it, but the proposal failed and Clinton vetoed a stricter Republican ban.

In a May 13, 1997, memo from the White House domestic policy office, Kagan and her boss, Bruce Reed, told Clinton that abortion rights groups opposed Daschle’s compromise. But they urged the president to support it, saying he otherwise risked seeing a Republican-led Congress override his veto on the stricter bill.

Oh. But still! Since Kagan is probably a lezbo, she must support gay marriage, right? Wrong.

The meme has taken hold that Kagan is a stealth candidate who has avoided taking positions on important constitutional or other issues throughout her career.

But on one issue of critical importance to the left — the constitutional right to same-sex marriage, Kagan has staked out a very clear and unequivocal position: There is no constitutional right to same-sex marriage.

In the course of her nomination for Solicitor General, Kagan filled out questionnaires on a variety of issues. While she bobbed and weaved on many issues, with standard invocations of the need to follow precedent and enforce presumptively valid statutes, on the issue of same-sex marriage Kagan was unequivocal.

Kagan is a winner in other ways, too:

“Like Harriet Miers, she doesn’t have a record to tell us how she would adjudicate from the bench. They led a rebellion against the executive branch and the same thing should happen here.”

“I object to appointment somebody that has no track record. Corporate power is a big one because of the Citizens United decision, and also Miranda. There are a lot of things where it would be helpful to be able to examine past writings.”

“If I was in the Senate, I would vote no, because like Harriet Miers she doesn’t have the judicial experience.”

“Accepting Kagan just because people like Obama is wrong. That’s appropriate for American Idol, not the Supreme Court. Nobody knows what she stands for but him. It’s just a cult of personality with Obama. This is the Supreme Court.”

There is something fundamentally wrong about this. Everyone is used to Obama constantly rejecting his base. They are like devoted mistresses who constantly tell themselves that their boyfriends will leave their wives–he is just making a compromise right now; it’s a secret game of eleven dimensional chest and during the election time he will come crawling back. But really, why do liberals have to compromise in the first place?

The selection of Solicitor General Elena Kagan to be the nation’s 112th justice extends a quarter-century pattern in which Republican presidents generally install strong conservatives on the Supreme Court while Democratic presidents pick candidates who often disappoint their liberal base.


Along the way, conservatives have largely succeeded in framing the debate, putting liberals on the defensive. Sonia Sotomayor echoed conservatives in her Supreme Court confirmation hearings last year by rejecting the idea of a “living” Constitution that evolves, and even President Obama recently said the court had gone too far in the past. While conservatives have played a powerful role in influencing Republican nominations, liberals have not been as potent in Democratic selections.

Well, I don’t know. Maybe the blogger boyz just need a reality check. For one thing, Obama is just not that into them.

For another, the notion that Obama is a “Democratic President” is laughable anyway. Democratic Presidents don’t pass Heritage Foundation Health Insurance Reforms and then claim it as the biggest victory of their Presidency. Just sayin.’

The Democratic Party is obviously in trouble, and that is no secret. But they can’t be any worse than Republicans, right? NOTHING is worse than a Republican. I mean, Elena Kagan might not be perfect on social issues, but at least she’s more liberal that Laura Bush!

On her media tour for her memoir, Spoken from the Heart, Laura Bush stopped by Larry King Live, where she opened up for the first time about her advocacy for marriage equality, as well as her belief that Roe v. Wade, the Supreme Court decision regarding a woman’s right to an abortion, should be upheld.

18 Responses

  1. Laura Bush for SCOTUS!

    • Hey, do you think we could get Laura to run for congress? We could use a liberal from TX, God knows the democrats are not sending many to congress anymore.

      • I’d support her. I was thinking a few months ago how certain factions of the Republican Party are moving more and more to the left and appear to be more liberal than the current “New Coalition” DNC. I was hoping Sarah Palin could be moved to the left, but now since she’s going to run for President she has to be Reagan 2.0.

        • Well to be fair, when deciding between a pro-life male and a pro-choice female for the Alaska Supreme Court. Palin chose the pro-choice female for the job.

          She didn’t kick the ladder out from underneath her(Pelosi) for a women to be appointed. Even a woman that was across the aisle so to speak. And of course, she vetoed a bill she felt was unconstitutional against gay people.

          Frankly, her actions show more support to these causes than Obama’s.

          And best of all she has been firmly wedged into his noodle and plucking at it since 8/08. Some of his most revealing moments on various subjects have been inspired by going after Hillary and then her.

          To the clip. It is nice to see Mrs Bush, and even Mrs McCain, support rights for both woman and gay people. I hope they can lead the Republican party to be able to express these views on their party platform in the near future. They would gain a lot of people with rise of those planks the Dems tore down.

          • Obama obviously has a serious problem with women, which is why so many blogger boyz and their ilk strongly identify with him so much.

          • True….and he took it to a whole new level I wasn’t expecting and they all helped.

            Hillary’s historic run was barely ever framed in such a way and if it was, it only used cynically to serve her as a crutch. When the real crutch was Obama’s race card. Hillary didn’t use the sexism card she simply ran on the issues. And with a general election platform used during the primaries so it wouldn’t change for the general like so many other politicians do. Which I thought was brilliant.

          • Well to be fair, when deciding between a pro-life male and a pro-choice female for the Alaska Supreme Court. Palin chose the pro-choice female for the job.

            She didn’t kick the ladder out from underneath her(Pelosi) for a women to be appointed.

            Palin-the-Governor’s record is not the same thing as Palin-the Tea Partier’s endorsements — for example, she endorsed Hoffman over Scozzafava.

          • I see your point that she rejected helping this Republican woman but the circumstances of the RNC picking the candidate in that election certainly isn’t lost on people who witnessed something similiar on May 31, 08.

            And Scozzafava would be a hard person for her to endorse when trying to build a political foundation of listening to the people and being against bail-outs.

  2. I’m really glad to see all of these public figures coming out in favor of Gay Marriage. It won’t be long until maybe it becomes a constitutional issue again and who knows, the outcome could be positive.

  3. Thanks for the clip on Laura Bush. I hadn’t seen that piece but I admire her honesty regarding gay marriage and Roe vs Wade. If I remember correctly, Barbara Bush stirred some controversy when she said she believed abortion was a “private matter.” Didn’t sit to well in Republican circles.

    Kagan for SCOTUS would be a fine Republican choice from what I’ve read: she loves executive expansion, has supported the Bush/Cheney ideas on torture and is wishy washy on abortion rights. How appropriate that the blank slate President nominate a blank slate SCOTUS candidate, one who has been careful, careful, careful not to leave a distinct paper trail and has no judicial experience to judge her by.

    Perfect. The Obamacrats in action, again.

    I look forward to Kagan discounting her former comments on the “vapid, hollow charade” of confirmation hearings. That at least should be entertaining.


  4. On the issue of a constitutional right to gay marriage I think the position of no is based on the reality that marriage is not a federal area—marriage laws are state laws, not federal. What you could probably argue as a constitutional issue is equal protection under the law. I think the question put to Kagan was formed as a constitutional right to gay marriage per se. I suppose that is all about splitting hairs but they do that at SCOTUS.

    I somehow can not get real interested in this Kagan thing. I don’t think she will make a difference one way or the other. I am burned out on SCOTUS politics, along with politics in general.

  5. Great post, Littleisis!

  6. Weird. Is Laura Bush more progressive for women than Michelle Obama?

  7. It seems like even in the best case scenario, Soltomayor is probably to the right of Souter, at least a bit, and the same with Kagan and Stevens. Obama’s digging us a hole we’re never going to get out of. What we needed was 8 years to regroup and regain some of the ground we’ve lost. Instead, he threw our futures down the rathole, we’re still in freefall with no end in sight and no foreseeable path the hell out of this. We’re going to run pinging from scarya$$ Repub, ponging to corrupt Dem and back again until the end of time. We need a damn truth commission to find out what the Democratic leaders were thinking and why they ever thought anything worthwhile would come out of this.

    • Dem leaders were thinking they would ride Obama’s coat tails to fame and glory and money and cushy lobby jobs when they retire.

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