Why Elena Kagan Matters

Why Kagan Matters

Elena Kagan could wind up being President Obama’s most enduring legacy. That’s why it’s critical that she gets a good grilling on Capitol Hill.

 

 

 

 

 

 

By Andrea Tantaros

Barack Obama will forever be known as the first black president. He’ll be remembered as the first president to speak to the Muslim world from a Muslim country. Many will reflect on his dependence on the teleprompter, and that he was the first President to have a blackberry, and third sitting President to win the Nobel Peace Prize. President Obama will have a lot of defining moments. And though he might be on his way out in two — or even 6 — years, long after he’s left the Oval Office, Elena Kagan, if confirmed, just might be Obama’s biggest, and most potent  legacy, making her vetting all the more critical.

The highest court in the land is responsible for some of the most dramatic policy outcomes in our country’s history. Now, more than ever before, we find key issues of importance front and center of the judicial branch and Elena Kagan could be the tipping point in their outcomes, like the fate of the sweeping, highly unpopular health care bill.

Eighteen states have already filed legal challenges through their attorney generals against Obama’s key initiative to date, the health care legislation, and five more states joined as recently as last week. The joint lawsuit led by Florida was filed on March 23 by mostly Republican attorney generals. It claims the sweeping reform of the $2.5 trillion U.S. health care system, jammed through by Democrats in the Congress after months of manipulation; nasty partisan fighting violates state-government rights in the U.S. Constitution and will force massive new spending on hard-pressed state governments.

In addition to the pending lawsuits, bills and resolutions have been introduced in at least 36 state legislatures seeking to limit or oppose various aspects of the reform plan through laws or state constitutional amendments making the fate of this giant legal challenge – the constitutionality of the health care bill – likely to end up at the door of the Supreme Court, thus on Kagan’s desk.

And what about immigration reform? With states like Arizona taking steps of their own to solve their undocumented alien crisis, and more states poised to follow suit, the question of whether or not Kagan will rule in favor of the Tenth Amendment is a confirmation hearing imperative. Already opposition groups have made clear they’ll challenge the Arizona law, including Obama’s Attorney General himself, Eric Holder. Under the Tenth Amendment, “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

It could be years before we see comprehensive reform on immigration, but depending on the final product, the issue is likely to make its way to the highest court in the nation. Kagan, again, could determine the fate of the ruling and set precedent.

Besides issues on health care, immigration, and states’ rights, expect Kagan to have influence over game changing eminent domain cases where the government has been involved in power grabs with people’s land. The court is also likely to face cases on regulation of the Internet, military issues like Don’t Ask, Don’t Tell, campaign finance, potential environmental decisions, the Fairness Doctrine, religious freedom and perhaps most importantly — the federal government and the War on Terror. All of these are areas where President Obama or his administration will have weighed in, making them part of his legacy.

Thanks to a complacent, love struck media, our current president wasn’t tested and vetted as he should have been. Like Obama, Kagan doesn’t have a robust paper trail so we are unable to discern her judicial temperament and philosophy because she’s never been a judge. That’s why it’s terribly important that she gets a good grilling, under very rigorous questioning in the Senate.

Elections have consequences, and Supreme court nominees embody these consequences. At only 50 years old, a Justice Kagan, is likely to stay on the highest court for the next 30-40 years and will rule on the most serious and sensitive decisions in our country’s history – making her appointment pivotal — and her future ultimately Obama’s potential past.

About The Author


Andrea Tantaros is a FoxNews.com contributor and conservative columnist.  Her articles can be read at www.andreatantaros.com. 


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15 Responses to Why Elena Kagan Matters

  1. polarbear20 says:

    Many will reflect on his dependence on the teleprompter

    Sigh, I pretty much knew what I was in for once I read that remark. 😉

    Thanks to a complacent, love struck media, our current president wasn’t tested and vetted as he should have been.

    Yeah, it was kinda hard to ask any real, serious questions when you had the make believe media of FAUX News drowning out reality with fantasy crap like “Is Obama a US citizen?” and “Is Obama a Muslim?”.

    Like Obama, Kagan doesn’t have a robust paper trail so we are unable to discern her judicial temperament and philosophy because she’s never been a judge.

    Had this “journalist” done some research, she would have learned that there have been Supreme Court justices who were not sitting judges before being appointed, most recently the late Chief Justice Rehnquist.

  2. hacksaw21 says:

    Sigh, I pretty much knew what I was in for once I read that remark.

    It is accurate though, he even took that thing with him to talk to a group of 6th graders!

    Yeah, it was kinda hard to ask any real, serious questions when you had the make believe media of FAUX News drowning out reality with fantasy crap like “Is Obama a US citizen?” and “Is Obama a Muslim?”.

    Once again I reference Fox News’ utter dominance in the ratings, and the majority of this country is not stupid. . If you don’t like Fox, (or conservative talk radio) you have the option of watching or listening to something else but people choose to watch Fox News and listen to conservative talk radio in record numbers. There are news television programs & radio stations that target & cater to liberals, but they all suffer in comparison to their conservative competitors by a large margin, and it’s not being done with smoke & mirrors…it’s because the majority of the American people prefer the honesty & freedom to choose between differing points of view that conservative media offers, but that liberal media does not.

    Had this “journalist” done some research, she would have learned that there have been Supreme Court justices who were not sitting judges before being appointed, most recently the late Chief Justice Rehnquist.

    True, but back in 2005 when President Bush nominated Harriet Miers to the Supreme Court to replace the retiring Justice O’Connor, the main criticism levied against her and what eventually sunk her nomination was the fact that she had never been a Judge..

    There have been Justices on the high Court who have never served as a Judge, but it is foolhardy to nominate someone to the highest Court in the land which includes a lifetime tenure, when they have never before demonstrated any aptitude for the job they will be tasked with, (considering our President, with his extreme dearth of leadership experience before assuming this Nation’s top leadership position it’s not at all surprising) without the ability to recall or fire them if they suck at it – it’s like taking a person who has never swung a bat, and placing them on a Major League team and giving them a lifetime contract with a “no-cut” guarantee! The only difference is, in my scenario, the inept ballplayer can ride the bench and only harm the team by taking up a roster spot & drawing a salary that could be spent more wisely elsewhere, but once confirmed to serve on the Supreme Court, one would “play” in every single “inning” of every single “game” and would not come off the “field” unless they died or personally chose to retire, unless of course they did something stupid enough to be impeached & removed, which has never happened in our Nation’s history. One Justice was impeached way back in 1804, but just like “Slick Willie” Clinton, he was acquitted by the Senate…

    • polarbear20 says:

      Once again I reference Fox News’ utter dominance in the ratings, and the majority of this country is not stupid.

      Really, I would definitely disagree with that. A good portion of this country is stupid, extremely stupid. That’s more than enough to explain those FOX ratings. 😉 Remember, close to 60% are unsure about believing in evolution. More than 50% also believe in demons and miracles. Plus look how many of these people that identify as part of the tea party also BUTCHER socialism, communism, fascism and Nazism in terms of how they are related. The BLACK guy is a COMMIE NAZI!! UGH!!! And that’s probably how one of the “heads” on FOX rewrote history.

      Conservative “media” always performs better simply because of the demographic. Old people, rich people, etc. Old people love listening to radio, especially AM radio. Puhleez, I rarely ever use my FM radio!! The younger generations are more plugged into ipods and other devices. And TV, old retired guys have time to sit at home and watch TV. Upper class bourgeoisie people can sit at home in the evening and watch TV. Liberals are either working(ever hear of the night shift?) or are doing homework because they are younger and in school. Plus young people are turning away from the TV period. Social media and online news sources are more and more important. FOX, Hannity, Beck and Limbaugh may dominate the “media” now, but that’s like gloating about having the “most popular print newspaper column” at this point. 😉

      when President Bush nominated Harriet Miers to the Supreme Court to replace the retiring Justice O’Connor, the main criticism levied against her and what eventually sunk her nomination was the fact that she had never been a Judge..

      Among other things. When Bush picked Miers she did not have Kagan’s accomplishments such as dean of the most prominent law school and having been a clerk under another justice. Having never been a judge will never be a yes or no, positive or negative. Whoever is in charge and wants their guy picked will twist that to mean whatever benefits them.

    • polarbear20 says:

      That’s a real nice scenario and all, but I highly doubt Ms. Kagan will be that kind of problem. The only real problem the right wing fears is she’s not gonna vote “their way”. We heard the exact same thing this time last year about Sotomayor. Aside from the ridiculous, racist attempts to criticize her name, there was the same “BOOO, no experience”, BOOO, how is she gonna vote”, “the Supreme Court is DOOOOOOOMED” talk. It’s been about a year, world hasn’t ended yet.

      You’d get a completely idea, that the world was gonna end with the election of Obama and the nomination of Sotomayor, if you were watching FOX News. 😀

  3. myfoxmystere says:

    One thing I must say is this: There are many things about Kagan that are being leaked to the media…now will they bite, or give her a free for all pass (like they did to OBONGA)?

    • polarbear20 says:

      I hope not. I hope serious business like “Is Kagan a US citizen?” and “Is Kagan a Muslim?” are addressed by the media. I’m looking to you FOX, don’t let me down. I NEEEEEEEEED to know!! Is Kagan a Muslim who was born in Indonesia??? :D:D:D

  4. Princess says:

    “A good portion of this country is stupid, extremely stupid”. AHA! that explains it ALL PB….at least the 52% that put that joke in the white house. (i believe that includes YOU PB)
    “BOOO, no experience.” Seems to me that anyone with a BRAIN would prefer to stand before a judge that actually KNOWS how to BE a judge over someone GIVEN the job by the mayor. just like a surgeon, do you want the BEST MOST QUALIFIED MOST EXPERIENCED surgeon? or are ya gonna be happy with some hack who got the “title” but didn’t EARN it?
    ”It’s been about a year, world hasn’t ended yet.” you are correct, oblahblah is NOTHING compared to what we will have when the world DOES come to an end.
    I’m ready, are you? (clue, watch what happens with Isreal in the next few years)

    • hacksaw21 says:

      Good call Princess,

      I was thinking the same thing about the majority of the voting public electing this rube, although many of them are now experiencing “buyer’s remorse” and in an odd sense of irony, Obama & his apologists have resorted to calling the majority of the American public vile things like racist & stupid simply because most of us don’t agree with him politically or believe in the direction that he’s trying to take this country…..it’s like, a whole bunch of people just noticed his race and decided they didn’t like him for it, even after having him in our faces constantly since 2006, and having a majority of voters elect him President in November of 2008.

    • polarbear20 says:

      you are correct, oblahblah is NOTHING compared to what we will have when the world DOES come to an end.
      I’m ready, are you? (clue, watch what happens with Isreal in the next few years)

      Oh Jesus H Christ, don’t tell me you believe in that “armageddon” crap. lol

      Yeah, hopefully now the US will stop wasting so much time, money and life propping up that Middle East SETTLEMENT called Isreal. Funny, maybe if we took our nose out of that dog’s butt over there, “they” would stop hating us.

  5. hacksaw21 says:

    I hope not. I hope serious business like “Is Kagan a US citizen?” and “Is Kagan a Muslim?” are addressed by the media. I’m looking to you FOX, don’t let me down. I NEEEEEEEEED to know!! Is Kagan a Muslim who was born in Indonesia??? 😀

    PB, haven’t you heard? Elena Kagan is a U.S. citizen and is not a Muslim (she’s actually Jewish) but she is a softball playing lesbian! 😉

    In all seriousness, it would not surprise me at all if she is gay and if she revealed it to the World upon being confirmed to the Supreme Court – noone would be able to touch her at that point or prevent her ascension to the high Court, she would gain notoriety as the 1st openly gay Justice as opposed to simply being the 2nd Jewish woman currently on the Court, and Obama could admit that he’s known it for years but promoted her twice based on her abilities and that would gain him some favor from the gay activists who are currently “disappointed” with him due to his broken promises to them (and everyone else) while campaigning for President.

    • polarbear20 says:

      PB, haven’t you heard? Elena Kagan is a U.S. citizen and is not a Muslim (she’s actually Jewish) but she is a softball playing lesbian!

      Wouldn’t that be great? I’d be so excited if we finally have a, as you so callously referred to Dr. Maddow once, a muff diver on the Supreme Court. We need at least one gay person on the court so that if another state falls victim to closet case christens and some hate agenda at the polls like Proposition 8, the Supreme Court will finally be closer to giving LGBT couples the rights they are entitled to and should have had years ago.

      I can’t wait to see the whiney christens complain about this. Hell, wanna go to DC and protest, I’ll buy you all your own Rekers Airport Companions!! LMMFAO!! :D:D:D

  6. hacksaw21 says:

    Considering that aprroximately 1/10th of our population is gay, odds are that we have already had a homosexual Justice, without ever knowing it.

    Even if Kagan is confirmed and turns out to be as you so eloquently put it, a “muff diver”, she would still be only 1 vote out of 9 and would not be able to single handedly create or destroy any laws of this land.

    “Don’t ask, don’t tell” is a law that was passed by the Congress & subsequently signed into law by President Bill Clinton, so it would take Congress to now repeal it, President Obama cannot even revoke it via executive order.

    Oddly enough, Kagan worked in the Clinton Administration and didn’t express any disapproval of that law then, she just went along to get along so I think that Obama is dreaming if he believes that she can sway the opinions & votes of the principled conservative men who currently sit on the high Court, guys who have already endured more hardships & opposition than she can possibly imagine. If you don’t believe me, just read Justice Thomas’ book titled “My Grandfather’s Son”.

  7. myfoxmystere says:

    Boy Oh Boy, I like reading all these responses here! KEEP IT UP EVERYONE! And just for the record, Kagan did say that she is straight.

    • Hacksaw says:

      I believe her just because she says it now when she currently “has” to, don’t you? 😀

      Once confirmed though, she can simply “revise” her statement and no one could do anything about it, especially if it was not given under oath and no Senator is going to swear her in and then ask her about her sexuality, there would be a huge outcry or protest if they did.

      • myfoxmystere says:

        I’m not so sure what to think about her reply about being straight…I’m going to give her the benefit of the doubt for now, but I won’t be surprised if she says she’s a lesbian later on if she gets confirmed. On a personal thought, I don’t fully believe her.

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