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aceofspadeshq at gee mail.com CBD: cbd at cutjibnewsletter.com Buck: buck.throckmorton at protonmail.com joe mannix: mannix2024 at proton.me MisHum: petmorons at gee mail.com J.J. Sefton: sefton at cutjibnewsletter.com | Republicans: Should We Really Fight Kagan?Are Republicans actually so stupid that this is even a topic of discussion? According to Byron York, yeah, some might really still be this stupid. There's an intense debate going on behind the scenes among Republicans involved in the Elena Kagan Supreme Court nomination. It's about whether the GOP should to try to stop Kagan, because that's what Democrats would do in the same situation, or whether Republicans should concede that Kagan is qualified and vote to confirm her because the president has the right to expect the Senate to approve qualified nominees. ...But the bigger problem conservatives see is that the pro-Kagan statements put Republicans at a disadvantage before the confirmation even begins. "What Miguel (Estrada) and Ken (Starr) are trying to demonstrate is that the president deserves to have his nominees confirmed as long as they are qualified," says one GOP Senate aide. "The problem is the Democrats don't do that, and so you unilaterally disarm." Indeed, among Republicans "unilateral disarmament" has become shorthand for the divide between two competing ways of approaching the Kagan nomination. "This debate is the people who have a traditional way of looking at these procedural questions -- 'This is the way it's been done and this is the way to do it' -- versus the people who say the Democrats have changed the rules and we should respond in kind," the aide says.The rules changed during the Bork and Thomas hearings, though Republicans didn't seem to get the memo during the Breyer and Ginsburg nominations. After Democrats led by the likes of Chuck Schumer, and one Barack Obama, made it clear they would never support nominees like Roberts and Alito, the idea that qualifications alone matter should have died forever. In my ideal world, Presidents would have wide latitude and support for qualified nominees. Alas, we don't live in my ideal world. In this world, you simply oppose the nominees of a President from the other party because, well, he's the President from the other party. We can't have a situation where Democrats play to the death and Republicans simply die. All that said, I'm still don't think that Republicans should filibuster Kagan. First, I think it's bad politics. Republicans don't have enough votes to sustain it or defeat her. You can rally the base and fight the good fight, without starting a war you are destined to lose Second, I think Republicans made a strong case a few years ago that filibustering Supreme Court nominees was an abdication of a Constitutional responsibility. Are there case where it might be so bad an extreme action is required? I guess so. But as bad as Kagan is, she's not Goodwin Liu bad (I do want them to filibuster his appeals court nomination). To fight her or not to is not an all or nothing proposition, remember neither Bork or Thomas were filibustered. Republicans can score a lot of points by simply holding her views up to the public as best they can, laying out the differences between conservative and liberal judicial philosophies and then voting no as a group. Fortunately, the fine folks at the NY Times have provided the type of ammo Judiciary Committee Republicans can use this summer.. Writing about yesterday's 8th Amendment case, the Times shows how excited they are about detaching the court from the Constitution. The majority’s opinion was particularly heartening for its forthright acknowledgment that there are other sources of judicial inspiration beyond the country’s founders. The low number of juvenile criminals sentenced to life without parole for noncapital crimes demonstrates that states, judges, prosecutors and juries have reached a de facto national consensus against the practice, the opinion said. And, braving the catcalls of nativists, Justice Kennedy also looked to international law to bolster his argument, noting that this form of sentencing had been rejected by countries the world over. Until Monday, the United States was the only country to impose such sentences on its teenagers; thanks to five justices on the court, the world now stands in unanimous agreement.There are reasonable arguments to be made against Florida's law allowing for juveniles to be sentenced to life in jail without any chance of release (beyond executive action such as commutation or pardon) but those are decisions for legislatures to make. I'd love to see Kagan be asked what, if any other sources "sources of judicial inspiration beyond the country’s founders" she would apply in interpreting the Constitution. It's not to trip her up, she'll lie like Sotomayor did about not relying on international opinion or laws in making rulings but to make it clear to people the dangers in letting someone like Obama make these appointments. Now, I know Anthony Kennedy, who wrote the horrible Graham decision (among many others), was appointed by Ronald Reagan. Thing is, Kennedy only go there because the Democrats played hardball and killed the Bork nomination. If Bork (or Douglas Ginsburg who withdrew his nomination) got on the court, there's no Justice Kennedy and no list of crappy Kennedy decisions. Well played Democrats, well played. So yeah Republicans, fight the Kagan nomination. You probably won't win but you might land enough punches to hurt Democrats this fall. If nothing else, Republicans in the Senate need to make it clear we are playing by the same rules they are. Comments(Jump to bottom of comments)1
Are Republicans actually so stupid that this is even a topic of
discussion? Yes. No matter what the topic of discussion, the answer is yes. Posted by: alexthechick at May 18, 2010 01:33 PM (8WZWv) 2
Jesus H. Christ. As much as we need them to win big in November, they really don't deserve it.
Posted by: Damn Skippy at May 18, 2010 01:34 PM (VDgKF) 3
Well, she did go to Harvard, so she's already been thoroughly vetted.
Posted by: t-bird at May 18, 2010 01:34 PM (FcR7P) 4
'This is the way it's been done and this is the way to do it' -- versus
the people who say the Democrats have changed the rules and we should respond in kind," the aide says. How about your job is to freaking provide advice and consent and it's your damn freaking Constitutional duty to determine whether or not a nominee is qualified to be on the Court which necessarily entails a review of the nominee's jurisprudential view? Or is asking a Senator to do his/her fucking Constitutional requirement just beyond the pale? Posted by: alexthechick at May 18, 2010 01:37 PM (8WZWv) 5
Yes they should oppose this anti-American nominee.
Posted by: bill-tb at May 18, 2010 01:37 PM (y+QfZ) 6
..so screwed...and on so many levels..
Posted by: Paladin at May 18, 2010 01:37 PM (XZu3c) Posted by: BlackOrchid at May 18, 2010 01:37 PM (SB0V2) 8
Litmus test? Never heard of it.
Posted by: The Stupid Half of the Stupid Party at May 18, 2010 01:38 PM (swuwV) 9
I think it would be kind of cool if "she was Kagened" replaced "she was Borked".
Still one of the biggest crimes ever committed against a highly qualified and honorable person. Posted by: Hussein the Plumber at May 18, 2010 01:39 PM (r1h5M) 10
We surrender!!!!
Posted by: Le Republicans at May 18, 2010 01:39 PM (YVZlY) 11
I thought this was settled last week with a consensus that "tit-for-tat" was the only winning strategy for Republicans. They have been playing this losing game on SCOTUS since the 80s.
So bring out the lying witnesses that accuse her of everything from deviant sex to grinding kittens under her heals. Drag out every paper extolling the virtues of communism that she has veer wrote. Ask her leading questions that are accusations and not questions. And daily demonize her to the press. Note that I would add call her a far left wing communist that would actual;y be the truth. The fact is the Dems will continue their shit until the Rs grow some balls and fight back. Posted by: Vic at May 18, 2010 01:40 PM (6taRI) 12
The repubics need to concentrate on killing and forever burying Cap and Trade. They need to be out there every damn day and hammering away what a complete and total fraud "global warming" is. But oh no... you will always have idiots like Grahamnesty going along with this bullcrap.
Posted by: jewells at May 18, 2010 01:40 PM (l/N7H) 13
They do behave precisely as a permanent-minority party ought to behave.
Posted by: Truman North at May 18, 2010 01:40 PM (e8YaH) 14
Well the truth is, if we're ever going to get socialism right, we really should get us some more socialists to run things.
Posted by: Hussein the Plumber at May 18, 2010 01:41 PM (r1h5M) 15
alexthechick: "Or is asking a Senator to do his/her fucking
Constitutional requirement just beyond the pale?" The pale thing. We're here to pass things we've never read and to raise money, but mostly to raise money. Posted by: The Stupid Half of the Stupid Party Plus Just About Everyone Else at May 18, 2010 01:41 PM (swuwV) 16
None less than Joe Biden himself said that ideology - apart from qualifications - ought to determine a Senator's vote on a judicial nominee. That's a soundbite that we should be hearing right about now.
Posted by: Alec Leamas at May 18, 2010 01:41 PM (IVQSY) 17
YES FIGHT HER! and when the president puts someone worse up FIGHT THEM TOO! and when someone even worse gets put up FIGHT THEM! and keep fighting until the president puts someone up we actually stomach......
Posted by: phoenixgirl at May 18, 2010 01:41 PM (r90Js) 18
Yes, they should fight, even if it's futile.
The new GOP rallying cry should be "never give up, never surrender" (yes, that's Galaxy Quest) Fuck it, the dems are gonna cry "obstructionists" either way, just as well try to draw a little blood. Posted by: mpur in Texas (kicking Mexico's ass since 1836) at May 18, 2010 01:41 PM (iBTj9) Posted by: Andi Sullivan's beagle at May 18, 2010 01:42 PM (RD7QR) 20
you simply oppose the nominees of a President from another party because,, well, he's the President from the other party. No, we oppose Kagan's nomination because she's ANOTHER red-diaper baby who thinks Marxism is great. When ARE you willing to fight, Drew? Posted by: Dang Straights at May 18, 2010 01:42 PM (fx8sm) 21
6 ..so screwed...and on so many levels..
Posted by: Paladin at May 18, 2010 01:37 PM (XZu3c) That's what she said. Posted by: Michael Scott at May 18, 2010 01:42 PM (YVZlY) 22
i'm sick and tired of the republicans claiming that we are lucky he didn't put up someone worse and they will just vote for the nomination to ensure someone worse is not put up........
Posted by: phoenixgirl at May 18, 2010 01:43 PM (r90Js) 23
Yup. Bending over and applying the K-Y on the Kagan nomination will win lots of votes for Republicans in November.
Posted by: Reiver at May 18, 2010 01:43 PM (64S5N) 24
Oh, and to add to Drew's original post, rouging up Kagan the way that Alito was roughed up will have the added benefit of causing potential nominees on the other side withdraw themselves from consideration - as I believe some from our side have done.
Sauce for the goose . . . Posted by: Alec Leamas at May 18, 2010 01:43 PM (IVQSY) 25
YES FIGHT HER! and when the president puts someone worse up FIGHT THEM TOO! and when someone even worse gets put up FIGHT THEM! and keep fighting until the president puts someone up we actually stomach...... Posted by: phoenixgirl at May 18, 2010 01:41 PM (r90Js) He'll never put up someone we can actually stomach. He's actively engaged in trying to subvert the Constitution not uphold it. Posted by: Blazer at May 18, 2010 01:43 PM (t72+4) 26
We kept our powder dry and didn't fight Eric Holder.
We kept our powder dry and didn't fight that Wise Latina Woman. We kept our powder dry and didn't fight J-Nap. We kept our powder dry and didn't fight any other Obama nomination. What makes you thing our M.O. has changed? By the way, donate to the NRSC so we can re-elect such outstanding Senators like John McCain so he can keep fighting for you and telling us dick jokes on the weekends... But mostly telling us dick jokes on the weekends. Posted by: Senate Republicans at May 18, 2010 01:44 PM (qmecx) 27
The new GOP rallying cry should be "never give up, never surrender" (yes, that's Galaxy Quest)
Posted by: mpur in Texas (kicking Mexico's ass since 1836) at May 18, 2010 01:41 PM (iBTj9) Hell, I'd go for seeing them pick up duelling pistols and fight over their honor - a concept lost on the lot of them. Having to address them as Honorable in correspondence is a joke. Posted by: Hussein the Plumber at May 18, 2010 01:44 PM (r1h5M) 28
When ARE you willing to fight, Drew?
Posted by: Dang Straights at May 18, 2010 01:42 PM (fx8sm) In your mind the fact that I'm not advocating breaking over 100 years of precedent and support the filibuster of a Supreme Court nomination, that means I'm not interested in fighting? Really? That's your take? Posted by: DrewM. at May 18, 2010 01:45 PM (9B5OK) 29
what are the republicans willing to fight for? and when are they willing to fight? look who they have confirmed...........JANET NAPOLITANO! ERIC HOLDER! for CHRIST'S SAKE! WHAT SIDE ARE THEY ON?
Posted by: phoenixgirl at May 18, 2010 01:45 PM (r90Js) 30
Actually, I'll bet you didn't know that Andi Sullivan's beagle was a conservative, did you? (sockoff)
Posted by: joncelli at May 18, 2010 01:45 PM (RD7QR) 31
Actually, I'll bet you didn't know that Andi Sullivan's beagle was a conservative, did you? (sockoff) Posted by: joncelli at May 18, 2010 01:45 PM (RD7QR) And he really likes peanut butter too ! Posted by: Andrew Sullivan at May 18, 2010 01:47 PM (t72+4) 32
Sure Kagan will get nominated. That's a given. However, it's good practice for the Repubs to start getting all fiesty and stuff, which they don't seem to know how to do.
I'd love to see a Repub, any Repub, get up and make the same Teddy Kennedy-esque speech against Kagan, complete with left-wing-type hyperbole and stretching of truth, depicting a world in which our speech is overseen by a government panel to determine the "impact", among other wild-assed accusations. But that would require cojones, which no one in the Senate seems to have. Posted by: BackwardsBoy at May 18, 2010 01:47 PM (i3AsK) 33
Some have determined that a 12 year old can formulate a decision that makes him an adult in the eyes of the law if he kills someone, BUT, a <16yo is still considered a child when it comes to making a decisions concerning sex.
Posted by: Georgie at May 18, 2010 01:47 PM (I+7Zv) 34
30 Actually, I'll bet you didn't know that Andi Sullivan's beagle was a conservative, did you? (sockoff)
Posted by: joncelli at May 18, 2010 01:45 PM (RD7QR) but you did use the word "was" Posted by: conscious and saying I don't have a dog in this fight at May 18, 2010 01:48 PM (YVZlY) 35
Of course they should fight. Here's an example:
Confirmation Hearings: Repub Senator: Ms. Kagan, what is your favorite color? MFM Headline: GOP Asks Racial Questions of SC Nominee. They won't get good news in any circumstance. Blast her. Posted by: Guy Fawkes at May 18, 2010 01:48 PM (7VvJB) 36
Breaking...
Dick Blumenthal claims to have fought in the Samnite Wars... Posted by: Dack Thrombosis at May 18, 2010 01:48 PM (P33XN) 37
Run away! Run away!
If my senators agree with the judicial philosophy of the nominee then they should vote for her. If not...vote against her. It's simple. Oh, F@$K! I live in New Jersey. Both of my senators are sniveling little political hacks who haven't had an original idea in their whole disgusting, crooked lives. And I voted against them, which was a pleasure. Posted by: NJConservative at May 18, 2010 01:49 PM (LH6ir) 38
He'll never put up someone we can actually stomach. He's actively
engaged in trying to subvert the Constitution not uphold it. ...so we roll with 8 or 7 justices until 2013. Posted by: HeatherRadish at May 18, 2010 01:50 PM (mR7mk) 39
Hell, I'd go for seeing them pick up duelling pistols and fight over
their honor - a concept lost on the lot of them. Having to address them as Honorable in correspondence is a joke. Hard to fight over honor when none of them have it. Posted by: mpur in Texas (kicking Mexico's ass since 1836) at May 18, 2010 01:50 PM (iBTj9) 40
Makes no sense to rule out a filibuster. The prudent thing to do is to be very tough on her during the hearings and see if we can break her. In other words, try to create opportunities and openings to use against her. To recap: We crucify this anti-military militant ultra-progressive (who is probably a militant homosexual activist) during the hearings and try to break her and her supporters. Then if something opens up, we filibuster. Posted by: Mr Peebles at May 18, 2010 01:51 PM (uFokq) 41
I'm not advocating breaking over 100 years of precedent and support the
filibuster of a Supreme Court nomination Abe Fortas 1968, so only 42 years of precedent. Posted by: damian at May 18, 2010 01:51 PM (4WbTI) 42
Some have determined that a 12-year-old can formulate a decision that makes her an adult in the eyes of the law if she kills someone, BUT, a 25-year-old is still considered a child when it comes to making decisions concerning health insurance.
Posted by: HeatherRadish at May 18, 2010 01:51 PM (mR7mk) 43
If nothing else, Republicans in the Senate need to make it clear we are playing by the same rules they are.
Let's go back in time then, to moments after Ronald Reagan nominated Robert Bork. Ted Kennedy rose and gave the following speech: Robert Bork's America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens' doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists could be censored at the whim of the Government, and the doors of the Federal courts would be shut on the fingers of millions of citizens for whom the judiciary is—and is often the only—protector of the individual rights that are the heart of our democracy... President Reagan is still our president. But he should not be able to reach out from the muck of Irangate, reach into the muck of Watergate and impose his reactionary vision of the Constitution on the Supreme Court and the next generation of Americans. No justice would be better than this injustice. Just how fucking reprehensible is that? BTW: Bork denied each and every allegation that 'the swimmer' made. Posted by: Upscale Community Organizing Thought Criminal at May 18, 2010 01:52 PM (IhHdM) 44
Some have determined that a 12 year old can formulate a decision that makes him an adult in the eyes of the law if he kills someone, BUT, a <16yo is still considered a child when it comes to making a decisions concerning sex. This is probably on the wrong thread , but I'll respond anyway. There is a difference between knowing right and wrong and maturity. Posted by: mpur in Texas (kicking Mexico's ass since 1836) at May 18, 2010 01:53 PM (iBTj9) 45
Abe Fortas 1968, so only 42 years of precedent.
Posted by: damian at May 18, 2010 01:51 PM (4WbTI) I forgot about that. Posted by: DrewM. at May 18, 2010 01:54 PM (9B5OK) 46
erg's just sad that little johnny won't put out for him.
Posted by: damian at May 18, 2010 01:54 PM (4WbTI) 47
Not only should we fight, we should fight dirty. Just make some shit up, like the dems.
Posted by: Dr. Spank at May 18, 2010 01:57 PM (SbFur) 48
#42 HeatherRadish:
It keeps adults in their mid twenties from having to make real world responsible decisions.... which means they will vote Democrat. Look for the Dems to increase the age to 30 when they need more votes. Posted by: FreakyBoy at May 18, 2010 01:57 PM (uKraB) 49
You know, the Senate Repubs do actually have a valid reason to put her on the rack, metaphorically speaking:
We're a center-right country and we deserve a center-right SCOTUS. That right there gives them the right to vote against her, and anyone else The Vapid One® nominates. Posted by: BackwardsBoy at May 18, 2010 01:59 PM (i3AsK) 50
Hey, if Obama wants to waste his picks on unintellectual, unpersuasive dingbats, then so be it.
But still, Kagan's actions regarding the Solomon amendment (that's the Harvard ROTC thing, right?), her seeming ambivalence on the first and second amendments, and her lackluster performance as solicitor general should be brought up. Maybe, just maybe, if the GOP stopped unilaterally disarming, they'd see results. Posted by: joeindc44 at May 18, 2010 02:00 PM (QxSug) 51
FreakyBoy--Yeah, I know. I was just marveling at the cognitive dissonance.
In a few years there won't be any parents' insurance to stay on; we'll all be children of the government. Posted by: HeatherRadish at May 18, 2010 02:01 PM (mR7mk) 52
Abe Fortas 1968, so only 42 years of precedent.
Not really the same thing. Fortas was already on the court and LBJ was trying to elevate him to Chief Justice. The Republicans filibuster that. Now talk about useless waste of ammunition. Cheif Justice really has no more power than an associate justice. Posted by: Vic at May 18, 2010 02:02 PM (6taRI) 53
FWIW...Rasmussen has a poll out today saying support/opposition to her nomination is even at 39%, 22% undecided.
Not a lot of groundswell to ride for Republicans or gin up. Unless she totally chunks the hearings that number will go up during and after her appearance (it usually does for a nominee iirc). Posted by: DrewM. at May 18, 2010 02:03 PM (9B5OK) 54
Fight with me! but be very nice about it and back off if anyone suggests you're being racist, sexist, homophobic...
Posted by: "Maverick" McCain at May 18, 2010 02:03 PM (Kn9r7) 55
I have a pic of Kagan playing with Acey's man tits and see how they give head in Saudi Arabia.
Posted by: robotgossip at May 18, 2010 02:04 PM (EiH7n) 56
Ooooh! Could this be another reason to drag out her nomination hearing?
Wouldn't it essentially stop any bills from advancing through Congress? If so, that's a huge plus for the country. Posted by: BackwardsBoy at May 18, 2010 02:07 PM (i3AsK) 57
Obama has no shortage of left wing ideologues to replace her. So perhaps it is wise to uphold the principle of looking mainly at qualifications.
She seems as qualified as any other unreality-based Harvard Asshole.I can't wait for her stirringopinon implementingsharia somewhere in the US, sorry, multicultural alternative dispute resolution. Posted by: Beagle at May 18, 2010 02:09 PM (sOtz/) 58
re: Fortas, he was also essentially serving as an advisor to LBJ while he was on the Court. As I said in the post, there may well be circumstances where a filibuster would be warranted.
I think that kind of misconduct would certainly qualify. I don't think "don't like her and her stance on DADT" rises to that level. Posted by: DrewM. at May 18, 2010 02:10 PM (9B5OK) 59
That dipshit, Orin Kerr, over at Volokh left to go "help" Cornyn with this sort of stuff ... so you can be sure that the Senate GOP has their heads firmly up their asses. That Kerr guy is one stupid piece of shit. And Cornyn was bad enough before.
Posted by: progressoverpeace at May 18, 2010 02:10 PM (Qp4DT) 60
They act like they only have two choices:
1. Fight ugly, denounce, filibuster 2. Shut up and vote "aye" They're really that stupid? How about doing what NORMAL people would do in this situation? Ask tough questions because this is a job interview for a VERY IMPORTANT position, from which you really can't get fired, and YOU were hired to do this. Then, if you don't like the answers, vote "NAY" as an individual, or as part of some group or whatever, and let the chips fall where they may. Good Lord, this isn't hard people. Just act as if you were a normal person and not some sort of politician. Posted by: Less at May 18, 2010 02:10 PM (PGXeZ) 61
Maybe better for the last thread, but Big Bird wants you to read the fucking bill.
Posted by: logprof at May 18, 2010 02:11 PM (Mmw0q) 62
When someone is part of a suit that gets slapped down by the SCOTUS UNANIMOUSLY, how can anyone think that person is anywhere near the mainstream of legal thought or Constitutional interpretation? HOW?
This is a no-brainer for the no-brains in the GOP. Posted by: progressoverpeace at May 18, 2010 02:12 PM (Qp4DT) Posted by: logprof at May 18, 2010 02:13 PM (Mmw0q) 64
At least i'm not a commie. It could be worst.
Besides, tree house blogs are cheap effective weapons. Posted by: robotgossip at May 18, 2010 02:16 PM (EiH7n) 65
O/T *snort* I'm watching the Dick Blumenthal dog and pony show now at the CT VFW. Some vets are standing up with him, but I wonder if they're not at least a little bit pissed that Dick claimed to have served in 'Nam, and joined the VFW? He didn't serve in a foreign war, so he's not eligible to be in the VFW.
And now it's coming out that he was never even in the Harvard swim team, much less its captain, as he claimed numerous times. Dude is a pathalogical liar. His candidacy should be about toast. Posted by: Intrepid at May 18, 2010 02:16 PM (92zkk) 66
I hear "squishes" all the time talking about "picking our battles". I got sad news for them - pretty soon there will be no more battles to pick from.
Posted by: Soap MacTavish at May 18, 2010 02:17 PM (554T5) 67
Is not providing a qualifying minority vote out of the Judiciary committee a filibuster? I agree on no fillibuster; but the Dims would not get that vote without some significant concessions: 1) Withdraw Liu, 2) Resignation of Holder, 3) Dismissal of Jennings and Holdren, etc. -- and stall for time - who knows what could happen (Byrd could move on to the great cross burning in Hell, Lautenberg get indicted and resign, the Presidents numbers drop so low that he could be ignored),.
Posted by: Jean at May 18, 2010 02:20 PM (h0rZ/) 68
"I volunteered to join the US Marine Corps....." **Double snort** Uhm, Dick? Weren't you at the end of your fifth deferment and had to do something?
Posted by: Intrepid at May 18, 2010 02:20 PM (92zkk) 69
"On filibusters...abstinence is the best policy."
- Mark Souder Posted by: snapdragon at May 18, 2010 02:21 PM (5Etcj) 70
Actually, I'll bet you didn't know that Andi Sullivan's beagle was a conservative, did you? (sockoff) Posted by: joncelli at May 18, 2010 01:45 PM (RD7QR) I see that pos Chris Dodd has come out and defended Blumenthal as being "a man of honor". No seriously, Chris Dodd talking about honor. I'm pretty sure Chris Dodd and honor have never even been in the same zip code together. Posted by: Blazer at May 18, 2010 02:21 PM (t72+4) 71
I was going to put up a post about this, but this isn't a finance blog, so I'll put it here: Germany to ban short sales tonight. Via Zerohedge. (Tyler gets off a good one; note the Lebowski reference. Heh.)
Market was up slightly and then down slightly today; I wonder what effect this is going to have. (Nothing good, I bet.) In other news: This is why I'm proud that Tim Pawlenty is my governor. If he runs for prez in 2012, he's got my vote. Posted by: Monty at May 18, 2010 02:22 PM (4Pleu) 72
O/T *snort* I'm watching the Dick Blumenthal dog and
pony show now at the CT VFW. Some vets are standing up with him, but I wonder if they're not at least a little bit pissed that Dick claimed to have served in 'Nam, and joined the VFW? He didn't serve in a foreign war, so he's not eligible to be in the VFW. Posted by: Intrepid at May 18, 2010 02:16 PM (92zkk) I liked how Blumenthal said, "Unlike my peers, I CHOSE to join," when probably half of the guys behind him were drafted. Someone should ask them what they think of that. Posted by: progressoverpeace at May 18, 2010 02:23 PM (Qp4DT) 73
Anything that makes the president mad and therefore more likely to sneer openly at his subjects Americans is good.
Posted by: Mama AJ at May 18, 2010 02:23 PM (XdlcF) Posted by: robotgossip at May 18, 2010 02:24 PM (EiH7n) 75
"Unlike my peers, I CHOSE to join," -- doesn't one of the 'pub running against him have 2 Bronze stars? Shouldn't he be running like hell from this story.
Posted by: Jean at May 18, 2010 02:25 PM (tTdaQ) 76
Update: Germany will only ban naked shorts, not all shorts. I still think the markets are going to kick the shit out of them.
Accentuate the positive by eliminating the negative. Or at least so Germany hopes. Posted by: Monty at May 18, 2010 02:26 PM (4Pleu) 77
#63
It's even worse then that. There is usually one dipshit justice who will go along with whatever babble is being thrown around by the lawyers on the losing side. That she couldn't convince even one of them is a testament to her stupidity and lack of legal skill and knowledge, not just her disconnect from mainstream jurisprudence. Posted by: NJConservative at May 18, 2010 02:26 PM (LH6ir) 78
"Unlike my peers, I CHOSE to join," -- doesn't one
of the 'pub running against him have 2 Bronze stars? Shouldn't he be running like hell from this story. Posted by: Jean at May 18, 2010 02:25 PM (tTdaQ) Simmons. He was just on with Megyn Kelly. Even funnier, when Kelly brought up the lie about Blumy having been captain of the Hah-vahd swim team, Simmons answered that he had been the captain of two sports teams at Haverford and didn't understand how anyone could lie about something like that. Classic! Posted by: progressoverpeace at May 18, 2010 02:27 PM (Qp4DT) 79
That she couldn't convince even one of them is a
testament to her stupidity and lack of legal skill and knowledge, not just her disconnect from mainstream jurisprudence. Posted by: NJConservative at May 18, 2010 02:26 PM (LH6ir) Yep. That, too. Posted by: progressoverpeace at May 18, 2010 02:28 PM (Qp4DT) 80
"Accentuate the positive by eliminating the negative." -- that has an ugly historic connotation in Germany.
Posted by: Jean at May 18, 2010 02:29 PM (6Njk9) 81
What they don't seem to understand is the IMPORTANCE of this nomination.
The President is blatantly going beyond his enumerated Powers in the Consitution, and ruling by Regulatory Fiat (EPA and CO2 anyone?). The Congresss is going beyond their enumerated Powers in such things as Healthcare. Because the only Arbiter of the Limits of Federal Power, is the Federal Government itself (heck, we can't even sue them if they don't allow it), then the Supreme Court is the LAST line of defense against Federal Power Grabs. Thus, putting another Progressive Supreme on the Court, who believes in Federal Power, dilutes the last defense we the People have... short of a "Jeffersonian" solution. We already have a Court which says you can't indefinatly hold a Foreign Terrorist, but can a Native Born "Sexual Predator" (even after they served their time)..... We really don't need this woman on the Court... Posted by: Romeo13 at May 18, 2010 02:33 PM (OlHjR) 82
I hear this erg fella knows some good glory holes. We should compare notes sometime.
Posted by: crapdragon at May 18, 2010 02:43 PM (VDgKF) 83
Does anyone have any doubt that if Sarah Palin were a senator that she'd be leading the charge while the R - milquetoasts played solitaire on their laptops?
Posted by: RushBabe at May 18, 2010 02:45 PM (W8m8i) 84
Lots of interesting stuff, as always. Since the Dems have a majority on the committee and in the Senate, I agree that we can't defeat her nomination without Dem defections--and those guys don't get seized by anything resembling a conscience. Kagan could have been caught on video stabbing somebody and the Dems would rationalize it as self-defense.
So here's my fantasy strategy: A Fantasy Republican Senator With Balls (okay, I know) gets his question time, and says this: "We Republicans believe that even a terrible president is entitled to nominate whoever he pleases, and we will be polite and vote to confirm that nominee. We also realize that these proceedings are merely a charade, since your record has been either scrubbed or is nonexistent. Thus our only remaining reason for being here is to get you on the record as saying, not how you'd vote on a particular case, but what you *believe*." "Now personally, I don't care if you sleep with dogs or cats, or if you're a flaming marxist or merely a glowing socialist. I do care that you wrote a thesis advocating socialism, and I intend to ask you how you feel about that today. But I don't expect anyone on the other side of the aisle to vote against you even if you'd been charged with leaving babies that had survived abortion to die in a closet. That's just the way they roll. "That said, Judge Kagan, do you think the U.S. should adopt more socialist programs?" Posted by: sf at May 18, 2010 02:59 PM (eSMQV) 85
Hmmm.
@ Drew M. "All that said, I'm still don't think that Republicans should filibuster Kagan." Totally fucking wrong. You fight or you bend over and take it in the ass. Your fucking choice. Because the next 30+ years of liberal fucking bullshit stuffed down our throats is not a fucking cause for celebration. And with some bullshit lame-ass nonsense like this I never fucking want to hear any fucking whining about how the liberal SCOTUS is fucking things up. You, sir, have no leg to stand on. Posted by: Mullah Biden at May 18, 2010 03:01 PM (MwCol) 86
No.Mental.Discipline.
This tendency to appease the media and opposition leaders makes the Republicans losers. Call them the "Democrat" party. Not the "Democratic" party.Call it "The Illegal Alien" problem, not "Immigration Reform."Call them on it every time they say Republicans like to give "tax breaks to the very rich."When they say "teabagger," ask them why they are obsessed with homoerotic imagery.When they say you are racist, ask them why they are obsessed with pimping Big Racism. A little mental discipline would go a long way toward stiffening the spines of the right. Posted by: K~Bob at May 18, 2010 03:03 PM (9b6FB) 87
Just remember, folks-After Kennedy got done with his evil and despicable lies, all the "R" senators still lined up to be his buddy. The standards are so low and debased in the Senate that, no matter how twisted you are, Orrin Hatch will still be proud to call you his friend. That's the same Orrin we have leading the charge today.
Posted by: ed at May 18, 2010 03:07 PM (Urhve) 88
"Elena Kagan’s Management Style Amped Up Pressure at Harvard Law
School In creating a culture of high expectations, Kagan placed strain on working relationships, some HLS staffers say" Thought she was loved by all? Posted by: curious at May 18, 2010 03:16 PM (p302b) 89
Yes.
Posted by: elliot m at May 18, 2010 03:23 PM (RB5UU) 90
After Democrats led by the likes of Chuck Schumer, and one Barack Obama,
made it clear they would never support nominees like Roberts and Alito, the idea that qualifications alone matter should have died forever. Of course fight it. It's dispiriting to our side when we roll the fuck over and play submissive to these assholes. There's an election coming up. Hit her military problem at least. Posted by: FUBAR at May 18, 2010 03:38 PM (1fanL) 91
I want the name of every RINO who claims ther is any basis for NOT fighting KAGAN.
You have 2 choices: 1) Support the Constitution 2)Lay down for Kagan You cannot do both! "Compromise is the absence of leadership." Margaret Thatcher... Prime Minister, England Samuel Adams - “He who is void of virtuous attachments in private life is, or very soon will be, void of all regard for his country. There is seldom an instance of a man guilty of betraying his country, who had not before lost the feeling of moral obligations in his private connections.” Sir Winston Churchill: Still, if you will not fight for the right when you can easily win without bloodshed, if you will not fight when your victory will be sure and not so costly, you may come to the moment when you will have to fight with all the odds against you and only a precarious chance for survival. There may be a worse case. You may have to fight when there is no chance of victory, because it is better to perish than to live as slaves. Appeasement is feeding the crocodile hoping he will eat you last. - Winston Churchill Posted by: Rose at May 18, 2010 03:51 PM (BYsJS) 92
If Bork (or Douglas Ginsburg who withdrew his nomination) got on the
court, there's no Justice Kennedy and no list of crappy Kennedy decisions. Yeah, but I got a couple of quatloos says there'd be some pretty crappy Bork decisions instead (not rising to the level of Shamu's -- he was only two kills shy of Tillikum's record -- hyperbole, but bad enough). Remember, we're talking about the President being due deference with respect to qualified nominees. The minute Sideshow Bob let the words "ink blot" out of his pie hole in front of God and everybody, he Flunked. The. Test. Posted by: Ken at May 18, 2010 04:03 PM (vT7rz) 93
But as bad as Kagan is, she's not Goodwin Liu bad
It amazes me how many people say shit likethat. It isn't known how bad Kagan is. She is a stealth nominee. I think between the fact that Kagan has worked at being in the shadows for so long, really worked at being a blank slate just like Obama did, and the fact that Obamachoseher should be enough reason to filibuster her and try to run out the clock on every single initiative from Obama until November arrives and Obama becomes a Lame Duck Presidentwho can't destroy America for the rest of his term. Consideringthe commieDemocrat radicals in government right now there is nothing Republican Senators and Congressmen can do that is more patriotic and productive than to WASTE every possible second of the Democrat's time between now and the November midterms. Posted by: Speller at May 18, 2010 04:16 PM (o0R2E) 94
People ask me, "is this the hill you want to die on?"
I say, "No, but I'm almost out of hills at this point." Posted by: Merovign, Strong On His Mountain at May 18, 2010 05:26 PM (bxiXv) 95
In this world, you simply oppose the nominees of a President from the other party because, well, he's the President from the other party.
BS. The Democrats oppose nominees who uphold the Constitution. The Republicans SHOULD oppose nominees who won't. You don't uphold the Constitution, you're not qualified. Why do people complicate this so much??? Posted by: BB at May 18, 2010 05:33 PM (qF8q3) 96
But as bad as Kagan is, she's not Goodwin Liu bad
Will someone PLEASE point out under what circumstances Kagan would EVER side with the conservative opinion? This sort of "how bad is she" argument is so ludicrous. She's a liberal, she will always take the liberal side. That is the ONLY thing that matters is her SCOTUS vote. Just because she might phrase her opinion in a more mealy-mouthed fashion than some other nominee doesn't change the result. Posted by: BB at May 18, 2010 05:36 PM (qF8q3) 97
People ask me, "is this the hill you want to die on?"
No, this is one hill of many that we're going to TAKE. Fight, Republicans. For a change. Posted by: BB at May 18, 2010 05:38 PM (qF8q3) 98
"BS.
The Democrats oppose nominees who uphold the Constitution. The Republicans SHOULD oppose nominees who won't. You don't uphold the Constitution, you're not qualified. Why do people complicate this so much???"--- Because they've swallowed more moral equivalency nonsense than they realize. Same shit with idiots who claim, on the basis of being against judicial activism, judges should not declare unconstitutional laws unconstitutional but should let those trampled on bend over and take it. Posted by: MlR at May 18, 2010 06:38 PM (v18zq) 99
Watching the RINO Senate Pubes ponder what to do issue to issue is about as much fun as eating soggy popcorn.
Posted by: drfredc at May 18, 2010 06:40 PM (ljMiA) 100
"You probably won't win but you might land enough punches to hurt Democrats this fall."
Flailing about ineffectually: one damned fine strategery. But we don't want to upset the apple cart now, do we? Better to go with the tried and true: retreat, collapse, cave, and surrender. Those tactics have always served us well in the past. Posted by: The GOP at May 18, 2010 07:09 PM (kmEfr) 101
@50: "Maybe, just maybe, if the GOP stopped unilaterally disarming, they'd see results"
Um, you seem to be assuming that we actually want a different outcome. We're pretty cool with socialism, too. More power for us under a statist scheme, you know. It's just important that you proles have the illusion of choice - that way we let you think that you're participating. Posted by: The GOP at May 18, 2010 07:19 PM (kmEfr) 102
If nothing else, Republicans in the Senate need to make it clear we are
playing by the same rules they are. Problem is, they don't and never do. Republicans habitually cave/compromise a lot sooner than Democrats will, and that just keeps on happening over and over... Posted by: Blacque Jacques Shellacque at May 18, 2010 08:54 PM (gjUVx) 103
She's never held a positions as a judge, EVER. This alone should tell you all you need to know. We need to fight tooth and nail to prevent this one.
Posted by: TrickyDick at May 19, 2010 01:32 PM (bVka+) 104
Kagan must be KO'd. I especially like asking her about international countries' laws and their applicability in interpreting our laws and constitution. The questions can then devolve into why is she racist for only using Western European laws in order to determine what various provisions of the Constitution and/or other federal laws mean, or if she validates laws of other countries, why isn't Sharia law which is adopted by fifty seven countries, constituting one third of the world's population, a valid set of laws with which to interpret the constitution and federal law?
That would be priceless. It would also be priceless to ask her, if she rejects foreign laws as interpretive devices, to then press her on whether the five Justices of the Supreme Court who routinely do this, are acting extraconstitutionally and/or are engaging in bad constitutional legal theory. This will endear her to her fellow Justices on the Court in case she gets confirmed, God forbid. Posted by: eaglewingz08 at May 19, 2010 04:06 PM (dv8zz) 105
The repubics need to concentrate on killing and forever burying Cap and Trade. They need to be out there every damn day and hammering away what a complete and total fraud "global warming" is. But oh no... you will always have idiots like Grahamnesty going along with this bullcrap. Posted by: منتديات at May 19, 2010 10:17 PM (RMzgq) 106
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