No net change as Thomas will vote almost certainly vote against it, Kagan (appointed by Obama) will almost certainly vote for it. Obama sought "empathetic" Justices for the Supreme Court. How could any sincerely "empathetic" Justice vote against expanding the welfare state? They will cancel each other out. As usual, J. Kennedy will be the swing vote in what is very likely to be a 5-4 decision.
Showing posts with label Kagan. Show all posts
Showing posts with label Kagan. Show all posts
Recusal Refusal: Latest on the ObamaCare case
Justices Thomas and Kagan refused to recuse themselves (sit out) the ObamaCare case.
No net change as Thomas will vote almost certainly vote against it, Kagan (appointed by Obama) will almost certainly vote for it. Obama sought "empathetic" Justices for the Supreme Court. How could any sincerely "empathetic" Justice vote against expanding the welfare state? They will cancel each other out. As usual, J. Kennedy will be the swing vote in what is very likely to be a 5-4 decision.
No net change as Thomas will vote almost certainly vote against it, Kagan (appointed by Obama) will almost certainly vote for it. Obama sought "empathetic" Justices for the Supreme Court. How could any sincerely "empathetic" Justice vote against expanding the welfare state? They will cancel each other out. As usual, J. Kennedy will be the swing vote in what is very likely to be a 5-4 decision.
Getting Serious about the Justices
Okay, let me get serious for a moment about our Supreme Court Justices. A few serious, but opinionated comments:
CJ ROBERTS: A consistently conservative CJ, just like his predecessor Rehnquist. Eminently qualified to be CJ. Although he often has opinion-assigning authority, he doesn’t hog it. At his confirmation hearings he showed great knowledge of the Constitution and was able to charm many of the skeptics.
Samuel ALITO: Had trouble coming up with one for him, hence the long reach. In spite of the negative connotation, I was pleased with his nomination and confirmation. He might be one of the few who takes judicial restraint seriously. It’s a big feather in his cap to get authorship of the landmark McDonald opinion. The nickname comes from his tendency to be ruthlessly conservative in his opinions like his namesake was in history as a warrior and ruler. Too much knee-jerk conservatism. On the positive side, without him our Second Amendment rights might still be buried under a liberal smokescreen.
Anthony KENNEDY: IMHO, the Justice most likely to be able to rise above ideology to do real judging. I agree with Kennedy more often than any other Justice. As the most frequent swing-vote, one of the most powerful public officials in America. IMHO, he usually gets the big ones right, e.g., Heller, McDonald, Boumediene and the corporate campaign finance case. Probably the closest thing to a real libertarian on the Court. Perhaps a little too conservative when it comes to the rights of suspects and defendant.
Antonin SCALIA: The most brilliant, witty, perceptive and overall the best writer and researcher. At one time he was my favorite and I thought he was serious about setting aside ideology. He seems to be have become another knee-jerk conservative. He writes too many nit-picking dissents. However, his brilliance came through in his McDonald concurrence which made mincemeat of Stevens’ dissent. No one on the Court comes close to his intellect, esp. the liberals.
Clarence THOMAS: Frequently way out in right-field. Times have changed and precedents have come and gone since the 1800’s. Tends to be a knee-jerk conservative—sometimes an embarrassment. Nickname comes from his tendency to remain totally silent at oral argument.
Stephen BREYER: Most transparently aggressive of the left-wing cultural warriors on the Court. Not impressed with his intellect, but am impressed with his creativity. He can find more arguments that have little or no basis in the Constitution, history or precedent to justify his preferred result than any Justice I’ve seen. Over-sized ego. His huckstering of his book is an embarrassment.
Ruth Bader GINSBURG: I am impressed with her intellect but not with her knee-jerk liberalism. As for the nickname, check out some of her recent photos.
Sonya SOTOMAYOR: Not impressed yet. She will probably turn out to be another knee-jerk liberal.
Elena KAGAN: Too early to tell, but given her background and her nominator, she’ll probably turn out to be another knee-jerk liberal. Too much experience in academe, not enough in areas that should count more.
Finally, the most recent retiree, STEVENS: another nickname would be John Paul, “Don’t burn that flag” Stevens. Some of his later year opinions were weak. Although not as bad as some of the others, generally a knee-jerk liberal.
I’m anxious to hear your opinions on this crew.
CJ ROBERTS: A consistently conservative CJ, just like his predecessor Rehnquist. Eminently qualified to be CJ. Although he often has opinion-assigning authority, he doesn’t hog it. At his confirmation hearings he showed great knowledge of the Constitution and was able to charm many of the skeptics.
Samuel ALITO: Had trouble coming up with one for him, hence the long reach. In spite of the negative connotation, I was pleased with his nomination and confirmation. He might be one of the few who takes judicial restraint seriously. It’s a big feather in his cap to get authorship of the landmark McDonald opinion. The nickname comes from his tendency to be ruthlessly conservative in his opinions like his namesake was in history as a warrior and ruler. Too much knee-jerk conservatism. On the positive side, without him our Second Amendment rights might still be buried under a liberal smokescreen.
Anthony KENNEDY: IMHO, the Justice most likely to be able to rise above ideology to do real judging. I agree with Kennedy more often than any other Justice. As the most frequent swing-vote, one of the most powerful public officials in America. IMHO, he usually gets the big ones right, e.g., Heller, McDonald, Boumediene and the corporate campaign finance case. Probably the closest thing to a real libertarian on the Court. Perhaps a little too conservative when it comes to the rights of suspects and defendant.
Antonin SCALIA: The most brilliant, witty, perceptive and overall the best writer and researcher. At one time he was my favorite and I thought he was serious about setting aside ideology. He seems to be have become another knee-jerk conservative. He writes too many nit-picking dissents. However, his brilliance came through in his McDonald concurrence which made mincemeat of Stevens’ dissent. No one on the Court comes close to his intellect, esp. the liberals.
Clarence THOMAS: Frequently way out in right-field. Times have changed and precedents have come and gone since the 1800’s. Tends to be a knee-jerk conservative—sometimes an embarrassment. Nickname comes from his tendency to remain totally silent at oral argument.
Stephen BREYER: Most transparently aggressive of the left-wing cultural warriors on the Court. Not impressed with his intellect, but am impressed with his creativity. He can find more arguments that have little or no basis in the Constitution, history or precedent to justify his preferred result than any Justice I’ve seen. Over-sized ego. His huckstering of his book is an embarrassment.
Ruth Bader GINSBURG: I am impressed with her intellect but not with her knee-jerk liberalism. As for the nickname, check out some of her recent photos.
Sonya SOTOMAYOR: Not impressed yet. She will probably turn out to be another knee-jerk liberal.
Elena KAGAN: Too early to tell, but given her background and her nominator, she’ll probably turn out to be another knee-jerk liberal. Too much experience in academe, not enough in areas that should count more.
Finally, the most recent retiree, STEVENS: another nickname would be John Paul, “Don’t burn that flag” Stevens. Some of his later year opinions were weak. Although not as bad as some of the others, generally a knee-jerk liberal.
I’m anxious to hear your opinions on this crew.
Don't waste your time on the Kagan confirmation hearing.
Unless she carelessly drops a smoking gun, she's in. I concur with liberal columnist Susan Estrich that it's a charade. Skeptical Senators are reduced to finding 20 year old memos written by the nominee. Estrich writes:
“Watching the confirmation hearings, unless you're a masochist or a satirist, is a waste of time. You learn nothing except how silly the process has become. Ever since Robert Bork -- who was highly qualified but also arrogant and divisive -- went down in flames at his hearing, every successive nominee has understood that the game is to say as little as possible, disown prior controversies, eschew any hint of ideology and simply endure. Five days of misery are certainly worth a lifetime appointment.” LINK
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