Tuesday, June 29, 2010

Stare Decided: What a horrible position Solicitor General Elena Kagan is in or, in fact, ANYONE would be in who is vying for a Supreme Court position. She is damned if she does in some instances and in other instances she is damned if she doesn't.

How nice it would be not to hear the stupid words stare decisis (the thing having been decided stands.) That phrase which Justice Roberts used SO often surely did not apply to the case of Citizen's United. I guess he LIED. Sure, they are all for a NON activist court as long as the issues are not about issues, corporations or people they care about. Clearly Republicans care about corporations before the average citizen who does not possess great wealth and therefore power. It is too bad Solicitor General Kagan cannot come out and unequivocally say that Citizen's United was indeed an ACTIVIST decision and say I probably would vote against something like that if it comes before the Court again. The importance of reversing a decision like that will, of course, NOT come from Kagan. It will come from whomever takes the seat given up by a justice from the activist right and who the president is who may decide who that utterly important justice will be.

Too bad she cannot be honest and say there are a set of principles I favor. I favor human beings over corporations or I favor the environment over corporate polluters, or habeus corpus over indefinite detention without benefit of trial etc. Then we would get the truth which most of us already know. It is also too bad she cannot say that the Constitution is an interpretive document and changes over time. We are not STUCK in the 18th century one HOPES. Moreover, there are situations which call for a strong executive and other situations which call for a division of power. It all depends on your point of view and the specifics of the case.

Ms. Kagan is so obviously MORE than qualified for this position. Her resume reads like a who's who in great American academic scholars. So what's wrong with that I might ask since part of the country has a case of agida over academics? Thank God SOME in this country can THINK more profoundly about issues than about Lady Gaga or Tiger Woods!