Obama’s Harriet Myers

Obama announced today his new pick for the highest court of our land.  This is the same court that decided whether or not a black man was truly a person.  About a hundred and fifty years later they made the same decision about the unborn.  In both cases, those wrong decisions cost millions their freedoms and then millions more their lives.  As Joe Biden might put it, being nominated to the Supreme Court is a big f**kin’ deal.  One would hope Obama would pick the most qualified candidate available.  Instead, he has chosen a lawyer and college professor with no actual experiences as a judge.

Obama, who voted against every Bush nomination he had a chance to, not only has a constitutional law education from Harvard, but also has the luxury of learning from his predecessor’s mistakes.  It’s something Obama calls “the last eight years”, in case you haven’t heard by now.  So you would think that Obama might have learned something from Bush’s embarrassing failure of a nomination named Harriet Myers.  Myers had no actual experience as a judge and had worked as a friend and legal counsel of the Bush administration.

Perhaps Obama did learn one major lesson from the Harriet Myers ordeal.  Whereas Myers stayed mum on the issues and was relatively an unknown when it came to the obvious litmus tests that Presidents swear they never use, Elena Kagan has made her anti-military and pro-abortion views very clear.  Myers was defeated by conservatives who wanted assurances that Bush’s nominee would interpret the constitution properly.  Kagan is a guarantee to the left of a justice as liberal if not more liberal than the one she is replacing.

What Obama has not learned is how it could be difficult to get such a connected, inexperienced and anti-military justice confirmed in a Senate no longer controlled by the left.  Like Bush and Myers, Obama and Kagan have some connections that would make her his favorite for the nomination.  She is the dean of the Harvard Law School, which proves she has no regard for the constitution.  She was also the supervising editor of Harvard Law Review, which Obama was the president of at one point.  Kagan has also served as a lawyer for the embattled Goldman Sachs, a favorite public whipping boy for Obama even though they were his number two contributor.  But these connections may prove to be a liability just as Harriet Myers’ was.

Like Myers, Kagan will appear to most as merely an extension of Obama.  But that may be the point.  While Harriet Myers was a flop with both the left and Bush’s own party, Samuel Alito faced relatively little scrutiny in his confirmation.  I say relatively little, although Democrat Senators drove his wife to leave one of the hearings in tears.  Still, it was no Robert Bork.  Is Kagan just a setup to let Obama submit an “at least it’s not Kagan” nominee?

In the end, what we know is that Kagan is an inexperienced nominee that only a liberal could love.  It reminds me of what someone once said about Justice Alito:

“Though I will reserve judgment on how I will vote on Judge Alito’s nomination until after the hearings, I am concerned that President Bush has wasted an opportunity to appoint a consensus nominee in the mold of Sandra Day O’Connor and has instead made a selection to appease the far right-wing of the Republican Party.” – Senator Barack Obama


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