Friday, July 02, 2010

"I will Make No Pledges This Week Other Than This One" bla bla bla

"I will make no pledges this week other than this one," Kagan said, "that if confirmed, I will remember and abide by all these lessons: I will listen hard, to every party before the court and to each of my colleagues. I will work hard. And I will do my best to consider every case impartially, modestly, with commitment to principle, and in accordance with law."

Rob Tracinski at has a very good analysis - the congress basically rolls over and plays dead. Let's be sure not to put anyone on the Supreme Court who would defend our Constitution and what America stands for - let's pack the court with leftists so that we can foist one over the people as we wish.

Vapid? A repetition of platitudes?

To the extent that Kagan is saying anything, we also seem to be seeing a case of what some commentators have named "confirmation conversion," in which a Supreme Court nominee suddenly discovers the merits of, say, sticking to the original meaning of the Constitution, and holds to that view for the duration of the hearings—and not a moment longer.

For example, take Justice Sotomayor's confirmation conversion on the Second Amendment, in which she seemed to affirm an individual right to gun ownership—only to join, in the most recent gun rights case, a dissenting opinion which flatly denied such a right.
Or consider Kagan's failure to answer a question intended to get her to commit on the idea that there are some limits—any limits—to the powers that can be claimed by Congress under the Interstate Commerce Clause.

If this pattern sounds familiar, it is because Obama has basically nominated a less telegenic version of himself to the Supreme Court. All of the characteristic are there: a glib talker with an ingratiating manner; a thin resume that features plenty of stints at prestigious institutions, but few actual accomplishments and no "paper trail" of specific positions taken on controversial issues; a maddening vagueness, even in response to direct questions, about where she actually stands.

Add to this another crucial ingredient: a press that confuses glibness for "brilliance" and limits itself to soft-focus scrutiny because they think that the nominee will advance their own political agenda.

Oh, yes, and we will soon see one other hallmark of Obama-era politics—not the politics of his campaign, but the politics by which he has governed. The Democrats will ram through Kagan's confirmation by the raw power of a congressional majority, without even a pretense at persuading opponents or the American people of her merits

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