The American Spectator : Obama Nominates Himself

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Obama Nominates Himself

By Philip Klein on 5.11.10 @ 6:09AM

Supreme Court pick Elana Kagan has a lot in common with the president.

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The mainstream media, as it did with Obama, is doing its part to portray Kagan as a centrist. A Washington Post headline Tuesday read, “For Supreme Court nominee Elena Kagan, a history of pragmatism over partisanship,” while a New York Times’ piece was titled, “A Pragmatic New Yorker on a Careful Path to Washington.”

In another piece published last Friday in anticipation of the Kagan nomination, the Times looked at her most controversial moment in the public spotlight when she denied military recruiters access to the Harvard Law School career office as dean, in protest over the “Don’t Ask, Don’t Tell” policy. The Times story insisted that “Her management of the recruiting dispute shows her to have been, above all, a pragmatist, asserting her principles but all the while following the law, so that Harvard never lost its financing.” (Had Kagan totally barred military recruiters, the university would have stood to lose hundreds of millions of dollars in federal aid.)

The article cites Harvard Law professor Robert H. Mnookin, who delivers a quote typical of the sort of descriptions one often sees applied to Obama: “Elena is very good at reading the lay of the land, at having a sense of who is where on what issue and what the art of the possible might be, who can be influenced, who cannot.”

In announcing the nomination on Monday, Obama praised Kagan’s “temperament -- her openness to a broad array of viewpoints; her habit, to borrow a phrase from Justice Stevens, ‘of understanding before disagreeing’; her fair-mindedness and skill as a consensus-builder.” He spoke of her recruitment of conservative professors and her encouraging students to “to respectfully exchange ideas and seek common ground...”

All of those are qualities that, coincidentally, Obama’s admirers see in him. In Rosen’s article making the case for Obama as Supreme Court justice, he writes that “it’s [Obama’s] even temperament and low boiling point that seem tailor-made for the court at this polarized moment.”

As president, Obama shed his carefully honed image as a post-partisan leader, and has governed decidedly from the left. In Kagan, he may have found somebody who will make rulings in the same manner.

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About the Author

Philip Klein is The American Spectator's Washington correspondent. You can follow him on Twitter at: http://twitter.com/Philipaklein

Letter to the Editor View all comments (60) | Leave a comment

Carol| 5.11.10 @ 7:03AM

What little is known about Kagan is enough for Republicans to vote no. Obama wouldn't nominate a moderate.

The writer of the article needs to remember that Ayers, Wright and the radical Muslim he mentioned were kept out of the mainsteam press. It took conservative talkers for bringing the truth to light and of course by then it was too late.

A vote for Kagan is a vote to lose your seats Republicans and remember, Americans have long memories.

Alan Brooks| 5.11.10 @ 8:50AM

Better an Obama Supreme than a McCain Supreme. McCain would probably nominate a David Gergen version of an attorney; someone acceptable to everyone but having no core beliefs.

Attorneys! Life always comes back to attorneys, doesn't it. In fact when you die, who does the family call after the coroner?: a lawyer.

coal carrier| 5.11.10 @ 10:03AM

The issue is not "core beliefs" but rather is this person going to follow the Constitution.

Ray| 5.11.10 @ 11:07AM

"In fact when you die, who does the family call after the coroner?: a lawyer."

When my Step-Dad died, we called other family members. Not one of them is a lawyer. As a matter of fact, we never even contacted a lawyer. You see, most people have these things called a Will.

Alan Brooks| 5.11.10 @ 9:24PM

"You see, most people have these things called a Will."

it was a joke, you prig. And this "coal carrier" (does he really carry coal?) is a libertopian if he thinks you can follow the Constitution without core beliefs.
Core beliefs aren't important?? how the frick would you run your family without core beliefs?

Alan Brooks| 5.11.10 @ 9:27PM

"coal carrier| 5.11.10 @ 10:03AM
The issue is not 'core beliefs' but rather is this person going to follow the Constitution."

Out of curiosity: is you really a retired coal miner?

peter Zakar| 5.11.10 @ 3:02PM

That is absolutely correct. To think that she should get away with her radical associations and socialist ideology just because obama did is insane. As Mark Levin points out, she's there in part to vote against the the state atorney's general bringing suit against obama healthcare. Republicans who vote for her should be voted out of office.

vitadMD| 5.12.10 @ 12:14PM

Gee, I wonder how this apparatchik would rule on the natural born citizenship issue...

vitadMD| 5.12.10 @ 12:05PM

The author neglected to also point out the slick PR campaign taken on by the administration.... Noteworthy is the report that Kagan has been sequestered away from access to media to the point that the WH press corps is upset about a fake video interview conducted by the official WH videographer and WH staff "interviewer".

Ret. Marine| 5.11.10 @ 7:10AM

There is no doubt that while others are not liars, some will no doubt lie to others. Just as in the scene coming from the "won" he may say one thing, but others, usualy the thinking types, know he really means the other. Just how confused are we now? Not so. Anyone nominated by the bogus potus will bear the marks of his beast, fraud. I don't fear this type of person, Kagan, she is just too inexperienced to know better. What I do fear is her line of thinking. We've heard this before, a pragmatist, yeah right, just like the "won" ruling center, that too was a lie. Are all politicians liars or do liars go politicing? You be the judge.

Alan Brooks| 5.11.10 @ 8:52AM

Lawyers, liars, dey be the JUDGE.

Here come de Judge!

Forever Marine| 5.11.10 @ 12:38PM

It's all simple if they keep to the founding fathers concept of individual liberty and freedom. Lawyers will f*%k it up every time. Politicians will grab power and screw the pooch. And moochers will vote for anybody that gives them more entitlements. Ben was right when he said, "There, we have given you a Republic, now try to keep it"

Tim*| 5.11.10 @ 7:52AM

Kagan starts this Senate process 30 votes in the hole .
31 Republicans didn't find her acceptable as Obama's SG . They can't turn around and find Kagan acceptable now for The Greater Job ,as a Supreme.

Only RINO Turncoat Specter will have the gall & desperation to " Turncoat " once again to a "Yes " vote now for A Supreme Slot .

Aaaaand ,Kagan's Clinton Administration records will be accessed now , as well .

Some talk about surprises already.

JP| 5.11.10 @ 8:02AM

My prediction on RINOs for Kagan:

Lugar, Gramm, Saxby, Brown, Snowe, Collins, Alexander, Cornyn, Hutchinson. That's 9. The Dems only need 1 to break a filibuster.

Al Adab| 5.11.10 @ 12:40PM

I'll keep your list and compare with what happens. Likely several more will follow along. Unfortunately the GOP still believes in Executive Privilege and proper process, not in Borking/Thomasing everyone who doesn't share their ideology.

Here's a question: if Conservatives/GOP take back the House in November, will they argue that "we won just take it?" The Left does every day.

Shamus| 5.11.10 @ 8:31AM

I don't think there will be a filibuster. Kagan will be confirmed.

JeffT| 5.11.10 @ 8:39AM

Obama: I look in the mirror, and what do I see. I see Kagen, and she is me.

Anthony| 5.11.10 @ 9:24AM

You nailed it Mr. Klein, Obama has chosen a far left, elitist academic, who is short on experience, both as a lawyer and a professor. Not to mention that she isn't even a judge.
Kagen is the most unqualified nominee to come before the senate in decades. Obama is comfortable with people who have done nothing of substance with their lives, because for Obama and his ilk, leftist elitism is the sin quo non of qualifications.
This pick is to insure that a leftist ideologue sits on the Supreme Court for decades. This pick has everything to do with politics and nothing to do about the Constitution, because Obama has no respect for the Constitution.

Mimi| 5.11.10 @ 10:48AM

As the LADY marches thru the halls doing " The Smooz Job" on the United States Senate, this nominee, the leftist to the left as the "O" is will be marching to the tune of ..."VOTE FOR ME, I'M middle of the ROAD". We heard that song before from our current President, voted him in to our schock and dismay, all on lies and subterfuge and deception!!! Is it "HERE WE GO AGAIN?" This choice, is nothing but a POKE in the eye to 80% of the American populous. It is to foment , instigate, and aggravate. Heh... Senate WAKE-UP!!! The papertrail-lite is suspicious....Was this promised long ago to Ms. Kagan??? The more we read about her background, the greater the discomfort, It's early......

Tim| 5.11.10 @ 11:44AM

Anthony..

I could not have said it better!

Anthony| 5.11.10 @ 12:59PM

I have a second observation, albeit, somewhat whimsical; what is it with this guy and short dumpy white woman?
With Hillary, we get Abbott and Costello travel the world, with Napolitano we get Abbot and Costello do Homeland Security, now with Kagen, we get Abbott and Costello at the Supreme Court.
From the Marxist-in-Chief, to Grocho( Marx)Marks; "Where is Margaret Dumont when we need her the most"???

Gr0w1er| 5.11.10 @ 2:19PM

Nah, I disagree, Anthony. More like Rufus T. Firefly nominating Otis B. Driftwood to do the orchestrating. Or Margaret Dumont.

Gr0w1er| 5.11.10 @ 2:12PM

"To thine own self, be true..."
Hamlet : Act 1, Scene 3

Pete| 5.11.10 @ 10:16AM

What is her family life like? I haven't read up on her at all yet, but she looks about as honest as John Kerry in pictures.

Stephen Zierak| 5.11.10 @ 10:27AM

With all the conservatives throwing in the towel (even on conservative blogs!) on the Kagan nomination, once again we see the namby pamby nature of what is left of a conservative movement. There is more passion and political courage in one Tea Party event than in the totality of the "movement". Let's recap the situation. The Obamamessiah has nominated for lifetime appointment to the Supreme Court a candidate who is on record as denigrating the Constitution she would be sworn to protect, who hails from the leftist fever swamps of an ivy league law school (just like her appointer!), and who has played a key role in removing the US military from her sacrosanct academy. This last point alone should disqualify her from consideration. The US military is about the only government institution that usually succeeds in performing the proper state goal of protecting the citizenry. She hates it, and she hates America--at least the America of our history. The success of a Kagan nomination would be a slap in the face to every soldier who has served this country, and especially to those who have given their lives for this country. Any Republican senator who does not do everything in his (or her) power to defeat this nomination should be primaried and defunded. I don't care what impact this would have in the short run on the composition of the Senate. It's time to cowboy up, take a stand, and prove worth. That goes for self-styled "conservative" bloggers and media folk as well. A Justice Kagan (and I shudder at the thought) will not only invent breathtakingly new ways to read in "sophisticated" penumbras and emanations as she supports every crackpot socialist and secular restriction on the American way, but she will also refuse to enforce clear Constitutional provisions relating to such rights as freedom of speech, press, and religion. Moreover, she will continue the trend to micromanage military affairs at home and abroad to the detriment of national security. I don't oppose Kagan because she is probably gay, but because she will stretch the Constitution to encompass her view of special rights for homosexuals. I don't oppose Kagan because she is not an experienced judge, but because she lacks the common sense that might otherwise make a pick away from the bench a blessing to America. I oppose Kagan because she is a stealth candidate who would undoubtedly drive the Court further down the road of promoter of national destruction. Just as her statist appointer would want from her!

Joanne| 5.12.10 @ 3:08PM

Stephen Zierak, I could not have said it better if I'd have tried! Our only hope is to 'persuade' the Rep. Senators to filibuster her nomination...ALL of the Rep. Senators! I don't see her 'role' on the court as only a means to promote liberal/socialist ideologies (the most heinous of them being keeping abortion legal) but to GREATLY push the homosexual agenda further upon the nation. IMO there is NO liberal/socialist politician that can be trusted, not one. The very future of our country hangs in the balance, that balance getting nearer to collapsing almost by the minute. I suggest we get on our knees and PLEAD with God Almighty to keep this woman OFF the court and hope for His mercy.

George S| 5.11.10 @ 10:55AM

It is not realistic to expect Obama to nominate with an eye towards Republicans when the senate has 59 Democrats. This is a very serious ramification of elections and all we can do is brace for the storm. Fortunately, it is not Kennedy that is being replaced. This is why the Republicans must go all out to win the senate; the Man-Child has already two picks in a year (a year!) and chances are he'll get a third in Ginsberg before his first term ends. God forbid if Scalia or Thomas gets to be replaced by Obama.

As far as this confirmation process goes, I think that the votes are going to be closer because of the looming November election. Maybe Obama figured on that and nominated Kagan as an acceptable tosser; but I think it is a clever choice to get a radical on the Court who looks harmless at a distance.

Dixie Pixie| 5.11.10 @ 11:10AM

Is it just me or has any one noticed that Elane Kagan is in no way qualified to be on the the Supreme Court. She has shown nether the judgment, knowledge, experience or the temperament to be a city court judge much less a Supreme Court Judge.

Another strike against her is she has spent her life in the most ratified levels of ivy league academia. Elane Kagan has specialized in being a far left legal wing-nut for the attention and approval of other the fashionable upper-west side Manhattan left-wing socialites. She would not know a “common person“ if one bit her on the leg. In fact she has studiously avoided any contact with the “common folk“ or their problems. There is no evidence she has had any contact with the “real world” at all.

Since when is the Supreme Court a entry level position. I have seen no record that Elane Kagan has ever plead a case in any court. There is no record that Elane Kagan can even preform the duties of a judge. She certainly will not feel bound by the facts of a case or even the law.

IS America so far down the abyss that a obvious incompetent can be placed on the Supreme Court for life.

Al Adab| 5.11.10 @ 11:33AM

Dixie,
Haven't you noticed that the Presidency is being filled by OJT? Should we expect these people to be anything but the totalitarians they are?

Keep up the good fight.

Dixie Pixie| 5.11.10 @ 12:12PM

Greetings Al

Why yes I did noticed.
Needless to say, I did not vote for Obama.

Keep kicking for the uprights.
We will win if only by blind luck someday.

Caroline D.| 5.13.10 @ 2:14PM

I think "most" comments agree that Kagan has not proven to be qualified for this highly esteemed position. Now are all you bloggers going to send your thoughts and concerns on to the one's that can change all this. Anyone blogging is remiss, if they do not carry through with contacting their Representatives, their Governor and even the President.

Joanne| 5.12.10 @ 3:21PM

Quote: "Since when is the Supreme Court a entry level position. I have seen no record that Elane Kagan has ever plead a case in any court. There is no record that Elane Kagan can even preform the duties of a judge. She certainly will not feel bound by the facts of a case or even the law. IS America so far down the abyss that a obvious incompetent can be placed on the Supreme Court for life."

Sadly DP the PRESIDENCY was an 'entry level' job this last election. And sadly YES...America IS ‘so far down the abyss’, in fact so close we are perilously close to falling IN.

Ray| 5.11.10 @ 11:11AM

There should be a Constitutional Amended that bans serving members of an Administration from being appointed to the bench. The three branches of Government are supposed to be separate. Let's not move appointees around from branch to branch. That reeks of despotism.

Al Adab| 5.11.10 @ 11:12AM

What this nominaion demonstrates is what we already knew. These people are driven by an agenda, ideology and their perculiar world view. Nothing must interfer with the imposition of their Faith on the country.

To the totalitarian Left, the ends justify the means. This is not about qualifications, jurisprudence or reality. It is about outcomes. Remember outcome based education? Now we have outcome based Courts.

They will argue that they won the election and are thereby entitled to impose this cloud-cuckoo -land vision on us all. Whether the GOP has the huevos to stand firm is in doubt, but the Conservatives must. After all, what do we seek to conserve if not the Constitution and rule of law? This nomination should be treated as the Democrat/Left treated GOP nominees.

Tim| 5.11.10 @ 11:49AM

Ray--

This is old fashon family Mob Rule.

The Unions do it...hire only close family and friends to their top ruling tier.

The Left leaning causes do it.

The real Mobs do it....

and so why are we stunned when a Chicago political Mobster does it?

Hey Elections do have consequences, next time maybe some folks won't be so stupid when they pull the voting lever

Dixie Pixie| 5.11.10 @ 12:02PM

Stupid is as Stupid does.
Are we truly a nation of Forrest Gumps.
Or is it only in the eyes of the Elites.

wxcynic| 5.11.10 @ 1:39PM

The real Forrest Gump was way smarter.

Bilwick| 5.11.10 @ 12:10PM

No doubt the "Uncle Daves"--those polite, tamed "house" conservatives who pose no threat to the Plantation--will support Kagan, and get a pat on the head from their beloved Massa 'Bama.

Al Adab| 5.11.10 @ 12:28PM

OUCH! Painful, but truth often is.

Our real fight is for the meaning of the GOP. As long as the acommodationist wing prevails, we will not recover. Someday we have to decide which beach, which hill we are willing to die for. That day is, if not already here, fast approaching.

Joanne| 5.12.10 @ 3:33PM

Al, that's why I'm no longer a Republican, because of those who 'accommodate' as you call it. I left the party when I saw the RINO'S aiding the usurper in chief (among other disgusting signs of their inadequacies). I'm now a Conservative, having gotten sick of the weakness of the Republican Party.

John3| 5.11.10 @ 12:36PM

It is so suffocating that many in the present administration, including the president and Professor Kagan, cannot be trusted. They say one thing and do another. Gone are the days when you can look at their eyes and be reassured of their candor and honesty. All we see now is deceit and lies in their eyes.

ROB| 5.11.10 @ 2:19PM

If you are familiar with NYC politics you will know that Kagan is as far left as possible, maybe more so than Obama. A volunteer for Terrible Ted Weiss and Liz Holtzman, a brother who was a socialist organizer in the Transit Authority, i.e. to the left of the TWU. She will be the most left of all the lefties on the Court but will, as the old commies said, build coalitions. Do not be fooled.

Shauna| 5.11.10 @ 3:00PM

Okay so sometime down the road it may be important that a flaming liberal is being replaced by another flaming liberal. But right now it isn't important. Her ruling can be expected to be about what Steven's rulings would be.

That is why some of us think a fight over this woman is pointless. Why use up political capital over it?

From what I 've seen she doesn't have the intellectual capacity to make a good argument. Her arguing so far has been completely lame. In fact I would think the other Justices must be insulted that Obama has nominated such a lightweight mind.

Are you really afraid that, Roberts, Scalia, Alito, Thomas or even Kennedy is going to be swayed by such fluffy thinking?

Kagan is no threat. At least not now.

Bilwick| 5.11.10 @ 3:07PM

She looks like Kevin James in drag.

Not that there's anything wrong with that.

Nick| 5.11.10 @ 8:18PM

I say she looks like the Kurgan.....er....I..mean the KAGAN! From the first "Highlander" film.

You decide. Be sure click the links in order!

http://i.i.com.com/cnwk.1d/i/t.....ontentBody

http://2.bp.blogspot.com/_vY8I.....kurgan.jpg

Bilwick| 5.12.10 @ 9:53AM

Not seeing it, Nick. I'm reconsidering my first impression, however. Now I think Kagan looks like the result of Kevin James in drag having sex with Kathy Bates.

Nick| 5.12.10 @ 4:36PM

Biliwick,

Ewwwwwwwwwww!
I almost pulled an Oedipus after that mental image!

Bilwick| 5.13.10 @ 9:18AM

Actually, I'm even revising that. "Kevin James in drag" would mean "Kevin James in women's clothes." Every picture I've seen of "Justice Blart" she's been wearing what is conventionally considered mannish attire. So it would be Kathy Bates in drag in that scenario.

David| 5.11.10 @ 3:17PM

We are truly in the era of subjective politics, where emotional relativism has replaced logic and common sense. The constitution has been under attack since the dawn of progressivism and now recieves only lip service from the public servants who've sworn an oath to uphold it. When they're successful in removing God from the body politic they'll have removed the last vestiges of the document with the only real import; the God-given rights guaranteed to all free men. Watch for it.

Ken (Old Texican)| 5.11.10 @ 6:04PM

*I wrote this yesterday in case some of you issed it.

"Please...whatever you do...don't throw me in 'dat briar patch!"
(Brer Rabbit, misdirection to those of you from the north.)

There is not a chance in hell that Obama and crew would nominate ANYONE any of us constitutionalists could support.

I don't care what the woman says, or has said or written.
There must be no question in our minds that this candidate was belched "from the belly of the beast".

Her name came from the same communist, (pardon the shorthand), minds and goals as the rest of the czars around Obama.

Heck, folks, we knew it was coming. I've been talking about it since the spring of 2008.

Pray earnestly for the good health of our present Supremes.
""

John II| 5.11.10 @ 10:14PM

Final word on Obama: "You can't enforce a law that goes against the will of the majority. There's a word for those who try to do so: tyrant."

--Paladin

Nick| 5.12.10 @ 5:49PM

John II,

Agreed!
The democrats have been trying to hide who they are for 30 years. President Dither has pulled the curtain back and showed the people what the wizard is really like.

stmichrick| 5.11.10 @ 10:32PM

The best that can be hoped for is a confirmation hearing that features a vigorous exposition and confrontation of the radical leftist values of the Regime.

I still have Hope that there is still potential to Change the shallow understanding that some have of Obama and where he taking the country.

Oldefarte| 5.12.10 @ 1:03PM

Once again, everyone is skirting/dancing around the bullseye [in a POLITICALLY CORRECT agenda] concerning her closeted possible HOMOSEXUALITY. The social conservatives/religious segment of this country should be crawling all over her nomination, and what it could/would mena for future SC decisions concerning THE DEFENSE OF MARRIAGE, HOMOSEXUALS IN THE MILITARY, HOMOSEXUAL ADOPTION OF CHILDREN,etc issues!!!!!!!!!!!!!

Joanne| 5.12.10 @ 3:46PM

1. Stephen Zierak, I could not have said it better if I'd have tried! Our only hope is to 'persuade' the Rep. Senators to filibuster her nomination...ALL of the Rep. Senators! I don't see her 'role' on the court as only a means to promote liberal/socialist ideologies (the most heinous of them being keeping abortion legal) but to GREATLY push the homosexual agenda further upon the nation. IMO there is NO liberal/socialist politician that can be trusted, not one. The very future of our country hangs in the balance, that balance getting nearer to collapsing almost by the minute. I suggest we get on our knees and PLEAD with God Almighty to keep this woman OFF the court and hope for His mercy.

2. Quote: "Since when is the Supreme Court a entry level position. I have seen no record that Elane Kagan has ever plead a case in any court. There is no record that Elane Kagan can even preform the duties of a judge. She certainly will not feel bound by the facts of a case or even the law. IS America so far down the abyss that a obvious incompetent can be placed on the Supreme Court for life."

Sadly DP the PRESIDENCY was an 'entry level' job this last election. And sadly YES...America IS ‘so far down the abyss’, in fact so close we are perilously close to falling IN.

3. Al, that's why I'm no longer a Republican, because of those who 'accommodate' as you call it. I left the party when I saw the RINO'S aiding the usurper in chief (among other disgusting signs of their inadequacies). I'm now a Conservative, having gotten sick of the weakness of the Republican Party.

Caroline D.| 5.13.10 @ 2:23PM

I pray that all the people that take time to opine as a blogger, will also take the time to contact their Representatives, Govenor and even the President.

Blooging to one another does little to change the course that this president had taken us on.

MattZ| 5.13.10 @ 11:13PM

"While such statements will be repeated within conservative circles, they are unlikely to seriously damage her confirmation chances, just as connections to terrorist Bill Ayers, former PLO spokesman Rashid Khalidi, and Rev. Jeremiah Wright didn’t prove fatal to Obama’s presidential campaign. "

The author didn't finish. He should have completed this sentence with "because they are actually nonsense connections that are only meaningful to kooks."
MZ

Morrisminor| 5.14.10 @ 1:50AM

We need a real moral compass experienced type like Harriet Myers

Victor E. Dogood| 5.17.10 @ 8:49PM

I'm most concerned over the progression from bad to worse in his appointments, give em an inch and they take a mile, "progressively" larger miles with every stride, this woman so clearly loves socialism, who is next? Is he going to start importing judges from communist China?