The Coronation Of Elena Kagan - Thanks to Lindsey Graham

The confirmation hearings for Elena Kagan this week have been a dog and pony show of embarrassing proportions.  It is less about questioning the nominee to determine if she is legally qualified to sit on the highest court in the land, than it is a cocktail party thrown in the nominees honor, but without the liquor. The exception may be Patrick Leahy, who may have brought his own bottle, after hearing him slur his way through questioning.
  Dianne Feinstein, D-CA gushed, "You're a wonderful role model for women. We'll forget whether you're a Democrat or Republican. You know, you're reasoned, you have a commitment, you have a dedication and a staying power, and you do us all well."  Barf. The slobbering continues with media reports of how she is able to "parry" questions, describing her as "the artful dodger", and marveling at her ability to not answer questions.  Not that the questions have been that hard.  The hardest question she has been given was a hypothetical about Congress passing a law that required Americans to eat certain types of food - would that violate the commerce clause?  She answered, "It sounds Like a dumb law", but would not answer whether it was, or was not, Constitutional.   My guess is that she doesn't want to get into the Constitutionality of things because she would be exposed about her complete ignorance of Constitutional law.  She is unable to discuss issues in a constitutional  law context because of her complete lack of knowledge of the subject.  She is sitting in a chamber full dunces, and she is not even close to being the smartest dunce in the room, let alone have the legal acumen to be confirmed to the SCOTUS. Just to help her out - Yes, it does violate the commerce clause!
This fan dance is a far cry from the Roberts and Alito confirmation hearings in which we saw those two nominees deftly navigate all things constitutional, while not discussing specific cases that may come before them.  Watching John Roberts discuss Starry Decisis, what it is, and when or if the court can ignore it, was riveting, even for a legal novice like me. Conversely,  watching Elena Kagan stutter, stammer, and joke her way through these proceedings is both embarrassing and infuriating.  This has not been a hearing. It has been a coronation, with her playing both the role of incoming queen and the court jester.  She has proven to be only a schmoozer who can work a room. She is like a female version of Leisure Suit Larry.  All flash and no substance.  She is no legal scholar, at least as far as her writings have shown, and these proceeding have not drawn out any evidence to the contrary.  She should not be confirmed.  The Republicans best maneuver would be to have all seven Republicans on the committee vote against confirmation, as committee rules require at least one member of the minority to vote yes to get the nominee to a full floor vote.  But with Lindsey Graham, a self-serving RINO who was the lone Republican vote for Sonia Sotamayor, on the committee, I wouldn't hold my breath. This is another chance for Lindsey to be the media darling of the week "for having the guts to stand up to the Republican establishment".  He won't pass that opportunity up.  The Putz.

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