US Supreme Court  (Page 30)

If Only

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Posted by  ▪  Sunday, May 23, 2010 at 6:09pm 5/23/2010 at 6:09pm

The Washington Post on Elena Kagan:

Kagan’s version of middle-age seems stuck in a time warp, back when 50-something did not mean Kim Cattrall or Sharon Stone, “Cougar Town” or “Sex and the City.”

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Were We Indecent in 1980?

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Posted by  ▪  Tuesday, May 18, 2010 at 7:48am 5/18/2010 at 7:48am

In Graham v. Florida, the Supreme Court held that it violated the constitutional prohibition against cruel and unusual punishments to imprison someone with no possibility of parole based upon crimes, other than homicide, committed while a juvenile.

These lines (at page 40 of the pdf.) in the concurring opinion by Justice Stevens,...

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Pat Buchanan, Multi-Culturalist

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Posted by  ▪  Sunday, May 16, 2010 at 4:28pm 5/16/2010 at 4:28pm

A lot of people are upset about these lines in Pat Buchanan’s column, Are Liberals Anti-WASP?:

If Kagan is confirmed, Jews, who represent less than 2 percent of the U.S. population, will have 33 percent of the Supreme Court seats.

Is this the Democrats’ idea of diversity?

The reaction has been that...

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My Class Reunion, Elena Edition

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Posted by  ▪  Friday, May 14, 2010 at 3:46pm 5/14/2010 at 3:46pm

It’s like a class reunion. My law school classmate Elliot Spitzer swears he didn’t date Elena Kagan. Now my classmate Ruth Marcus swears Kagan is not gay (and neither is Ruth, she makes sure to note).

The main point of Ruth’s column is that it’s tough out there for middle-aged women who...

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Kagan May Not Survive This Angry Mob

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Posted by  ▪  Thursday, May 13, 2010 at 1:39pm 5/13/2010 at 1:39pm

Not Tea Partiers, gun nuts, wingnuts, NASCAR dads and moms, or bitter clingers.

Not loony-lefties, nutroots, socialist revolutionaries, or Kos-sacks.

No, there is a gathering crowd with a thirst for revenge, who will not be satisfied unless and until we get on the Supreme Court…. (wait for it) …. diversity of law schools.

Hell...

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She Doesn’t Have To Win You Over, You Have No Place To Go

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Posted by  ▪  Wednesday, May 12, 2010 at 4:25pm 5/12/2010 at 4:25pm

From my favorite political scientist (who lists an outdated place of employment in his post bio)[see update], Can Kagan Win Over Liberals?:

Recently, I argued that President Barack Obama should take advantage...

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Clinical Law Profs Don’t Even Count As 3/5ths Of A Person

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Posted by  ▪  Wednesday, May 12, 2010 at 2:10pm 5/12/2010 at 2:10pm

The Obama administration is beginning to push back against the accusation by four law professors that Elena Kagan had a discriminatory hiring record while Dean of Harvard Law School.

I highlighted these claims — and the paucity of logic behind them — in my prior post, So Why Am I Already Defending...

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Kagan Said She Meant What She Said About Gay Marriage

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Posted by  ▪  Wednesday, May 12, 2010 at 8:19am 5/12/2010 at 8:19am

On Monday I posted about Elena Kagan’s written answers to the Senate Judiciary Committee in connection with her nomination for Solicitor General.

I noted that while Kagan evaded and talked around many questions, which is all too typical for a nominee, Kagan did not avoid the question of whether there is a...

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One Kagan Question Answered

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Posted by  ▪  Tuesday, May 11, 2010 at 8:37pm 5/11/2010 at 8:37pm

Phew:

We’d heard the former governor actually dated Kagan when they were students at Harvard, but a spokeswoman for Spitzer denied any love connection. “They have been good friends since 1977 — when they were college freshmen. They never dated,” said Spitzer’s rep.

Not that there would have been anything wrong with it.

Update:...

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We Get Rock Stars, They Get Groupies

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Posted by  ▪  Tuesday, May 11, 2010 at 11:00am 5/11/2010 at 11:00am

I have the answer to the question of why we get conservative rock stars nominated for the Supreme Court, while they get groupies.

Here it is:

So keep banging the spoon on the high chair.

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I Am Not The Only One Praying For This

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Posted by  ▪  Tuesday, May 11, 2010 at 8:00am 5/11/2010 at 8:00am

The NY Times laments that liberals cannot manage to get a full-throttled liberal nominee on the Court to do battle with Antonin Scalia (emphasis mine):

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...

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Will Kagan Dispute What The Meaning Of “Is” Is?

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Posted by  ▪  Monday, May 10, 2010 at 2:55pm 5/10/2010 at 2:55pm

In a post early this morning, I noted that in written answers to questions in connection with her confirmation hearings for Solicitor General, Elena Kagan wrote:

“There is no federal constitutional right to same-sex marriage.”

In response to my post, Allahpundit (here and here), Ann Althouse and Darren Hutchinson suggest that Kagan merely...

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Supreme Irony – Kagan Nomination Ends Gay Marriage Hopes

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Posted by  ▪  Monday, May 10, 2010 at 6:00am 5/10/2010 at 6:00am

Later this morning, Elena Kagan will be nominated for the Supreme Court seat currently held by John Paul Stevens.

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...

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Why Do They Hate Elena Kagan?

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Posted by  ▪  Sunday, May 9, 2010 at 10:42am 5/9/2010 at 10:42am

The left-wing blogosphere hates Elena Kagan. Really. The venom percolating up from the depths of the nutroots is getting pretty toxic.

For the most part, the right-wing blogosphere is sitting back and enjoying how people like Glenn Greenwald are tripping all over themselves to attack Kagan before right-wingers get a chance to...

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Roll The Dice On Kagan?

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Posted by  ▪  Friday, May 7, 2010 at 2:13pm 5/7/2010 at 2:13pm

Elena Kagan “reportedly” is going to be Obama’s pick. Which means that Elena Kagan probably will not be Obama’s pick, or at least don’t bet on it.

Quite the topic in the law-related blogosphere is Kagan’s sparce paper record, at least in comparison to other nominees who had substantial judicial or...

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Do NOT Read This Supreme Court Decision

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Posted by  ▪  Friday, April 30, 2010 at 7:00am 4/30/2010 at 7:00am

… if you want to be able to continue using terms like Nazi, Communist and Apartheid to describe the new Arizona immigration law. Or if, like President Obama, you want to claim that the law would allow people to be questioned merely for going out for ice cream. Because none of...

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Six Reasons Liberal Law Students Are So Sad

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Posted by  ▪  Saturday, April 17, 2010 at 2:35pm 4/17/2010 at 2:35pm

Dana Lithwick asks What Are Liberal Law Students So Sad About? Her conclusion is that liberal law students are sad because their liberal legal heroes can’t seem to get on the Supreme Court:

Since it’s April, and America’s law students have nothing else to do (kidding!), I’ve done a bunch of talks...

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