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As Phil says, Republicans probably won’t mount much of an effort to defeat Elena Kagan and are even less likely to succeed if they do. She is about as good as we can get from Obama; her nomination won’t affect the liberal-conservative balance on the Court; she’ll probably have to recuse herself from some cases; other than the military recruiters at Harvard, she really doesn’t have a “wise Latina” moment.
Still, the Republicans should make the confirmation hearings about the proper role of the judiciary and what a constitutionalist jurisprudence would look like. Wherever Kagan is at odds with this, it should be highlighted. Republicans should also not pay any lip service to the idea of Kagan as an umpire. Liberals regard the Supreme Court as another policymaking body and Obama is appointing her to preserve liberal policies on abortion, affirmative action, national security, the treatment of criminals, and other issues.
Given this last point, it will be interesting to see if Republicans continue their trend away from being a rubber stamp for whomever the president nominates to the Supreme Court. They voted overwhelmingly for Stephen Breyer and Ruth Bader Ginsburg even after the borking of Robert Bork and the near-borking of Clarence Thomas. Republicans didn’t get serious until Harriet Miers and Sonia Sotomayor.
UPDATE: Maggie Gallagher argues that a vote for Kagan is a vote for gay marriage.
A man of faith in a godless age is hitting Americans where it hurts.
Mr. and Mrs. American Spectator Reader, let P.J. O’Rourke talk sense to your kids.
In Britain, defending your property can get you life.
The debacle of this president’s administration is both a cause and a symptom of the decline of American values. Unless Congress impeaches him, that decline will go on unchecked. An eminent jurist surveys the damage and assesses the chances for the recovery of our culture.
It won’t take long for conservatives to scratch this presidential wannabe off their 2008 scorecard.
The American Christmas, like the songs that celebrate it, makes room for everybody under the rainbow. Is that why so many people seem to be hostile to it?
Was the President done in by the economy, or by the politics of the economy?