Those wacky ObamaNauts. I guess when you’ve got the White House, the Senate and the House, you figure the world is your Oyster – and so’s the Supreme Court. But the Big O is finding life anything but a bowl of Cherry Blossoms this time o’ year in D.C. Most guys with the entire Legislative Branch as their bee-yatch would rightly figure that any nominee for the Supreme Court would have an easy time of it. Not this time. Chaz Bono impersonator Elena Kagan may have zero judicial experience (not a prerequisite for serving on the court, by the way), but she’s left a paper trail a mile wide and several administrations long – which presents her and the ObamaNation with something of a problem.
You see, back when Billy Bob Clinton was in charge of Le Chateau Blanc, Kagan was a legal eagle for the Executive Branch. Seems they were reviewing some legislation wending it’s way through Congress designed to shield volunteers with non-profits from lawsuits. The Clintonistas were concerned that the legislation might allow certain organizations to get away with . . .well . . . whatever they were up to. It would be all well and good, say to shield the AFL-CIO from legal action, but heaven forfend that the same protection cover the NRA in a warm fuzzy blanket of get-out-of-trial-free goodness.
So what happened? Apparently, Kagan was in a meeting about the law. She took notes. According to her handwritten notes (gotta love that Presidential Archive thing, huh?), she wrote down that the NRA and KKK were “bad orgs” and it would be bad (bad, bad, BAD) if they were protected. Apparently, nobody noted any irony regarding the lumping of the two organizations in the same group. (Truth to tell, most liberals seem to see very little difference between the NRA (guns) and the KKK (redneck bigots).
According to the rose-colored Progressive glasses crowd over at Media Matters, Kagan was on the phone, taking notes regarding another lawyer’s paper on the bill.
According to everybody else, that’s neo-revisionist thinking, and there’s no indication that Kagan was parroting the words of another mouthpiece, nor is there any documentation (other than fuzzy recollections from people that were in the Clinton Administration) that Kagan did anything other than offer her opinion.
For a Supreme Court nominee to lump the NRA and the KKK into the same group is…well…frightening. And it speaks to Kagan’s experience as a party-line loyalist, and someone willing to apply one helluva Reality Distortion Field to a grassroots organization that is millions strong, and compare it to a shadowy, secret organization who’s purpose is to surpress a hundred years of race relations progress.
Frankly, I’m not that worried about “did she or didn’t she.” I’m far more concerned that any Supreme Court nominee has a heapin’ helpin’ of Constitutional scholarship, and believes the Constitution is not some antiquated piece of paper, but the litmus standard against which all legal questions must be judged. From what we’ve seen so far, Kagan is a political hack, and Obama’s nomination is cynical, partisan politics at it’s worst – in other words, business as usual. Hope and Change, indeed.