Tuesday, May 11, 2010
Radio!
If you are in Waco, check out my interview with Derek Smith this morning on KWBU-FM, 103.3, on the Kagan nomination. Last night's discussion on CNN between me, Jeffrey Toobin, and Linda Greenhouse was (besides being intimidating) way too short to adequately cover the issues I really care about on this one.
Besides, I have a face for radio.
Besides, I have a face for radio.
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Thought the KWBU spot was excellent.
You remember my basic stance on all this. The President should be able to nominate any qualified person. It is the President's right to nominate crony, relative, loyalist, iconic symbol for an age, whatever.
This person, Elena Kagan, is fine with me--no rock star but certainly qualified.
I, like you, note the historic absence of a Protestant justice. I am fine with this fact as well--but I will take the opportunity to offer this one jibe: no white Protestant male--aren't we supposed to be in charge?
I also note the absence of a non Harvard or Yale grad? I find this more meaningful and more disconcerting. As I have said before, if we really want diversity--we ought to nominate a UCLA, Arizona State, or Ohio State alum.
Prediction: easy confirmation. At least as easy as Sotomayor.
Personal Request: have not seen the CNN package--would appreciate you posting the link.
You remember my basic stance on all this. The President should be able to nominate any qualified person. It is the President's right to nominate crony, relative, loyalist, iconic symbol for an age, whatever.
This person, Elena Kagan, is fine with me--no rock star but certainly qualified.
I, like you, note the historic absence of a Protestant justice. I am fine with this fact as well--but I will take the opportunity to offer this one jibe: no white Protestant male--aren't we supposed to be in charge?
I also note the absence of a non Harvard or Yale grad? I find this more meaningful and more disconcerting. As I have said before, if we really want diversity--we ought to nominate a UCLA, Arizona State, or Ohio State alum.
Prediction: easy confirmation. At least as easy as Sotomayor.
Personal Request: have not seen the CNN package--would appreciate you posting the link.
WF--
I brought up the Harvard/Yale thing on CNN (and then Toobin stole my line). I'm not sure it is on-line yet...
I brought up the Harvard/Yale thing on CNN (and then Toobin stole my line). I'm not sure it is on-line yet...
I will look forward to seeing the CNN clip. I told you not to trust Toobin. Never liked that guy.
Looking over my complaint about law school narrowness--how about this for a test?
The next justice needs to be a graduate of a law school from a university that has played in the Rose Bowl during the last 30 years.
What do you think?
Looking over my complaint about law school narrowness--how about this for a test?
The next justice needs to be a graduate of a law school from a university that has played in the Rose Bowl during the last 30 years.
What do you think?
AWF, I, like you, am sick of Harvard and Yale (sorry Prof, no disrespect intended, it's a fine institution but it's getting incestuous at the top)... the problem is that the legal community buys the notion that the top schools produce the top legal thinkers always and necessarily, and going to "another" school, especially one outside of the vaunted top 14, is seen as a sure-fire ticket to mediocrity.
Prospective undergrads buy into this because of marketing. Law students perpetuate it by being the typical, petty creatures they are. Professors are probably the only ones that criticize it, but not too loudly because donors love to flaunt it.
On Kagan -- the American liberal and left wonkosphere has been abuzz with worry that Kagan is "too right" because of her views on things like late-term abortions and executive power. The right of course is freaked out that she wrote a college paper on the emerging pre-WWII socialist movement in the United States.
It's like each side lives in its own distinct fantasy world with no concept of what's going on.
The fact is that radical politics (and you all know I love me some radical leftist politics) have no place on a federal bench. Liberals love the idea of the Warren Court bravely staking out new and expansive liberal rights from the sacrosanct position of discovering them in the Constitution. This, in and of itself, is no more or less a phantasy than the conservatives "original intent" window dressing. The end result (getting what the justices want) is the same; the rhetoric is the only thing that changes. Kagan, by all lights and public material, is a good and conscientious lawyer, a political moderate that will leave political questions up to those idiotic hotheads in Congress and the executive branch.
What's even more surprising is how many people consider this nomination a betrayal by President Obama, although he has always been clear that his philosophy is that change does not come from the bench and that American progressives have relied on the courts to protect them against conservative legislative majorities for so long that they now believe the courts are their only vehicle to achieving progress.
Once again, I'm impressed with the President's even-handedness and political acumen, and distressed by the American left's inability to forge a coalition on anything because their one pet issue may not be getting center stage as much as they'd like.
Prospective undergrads buy into this because of marketing. Law students perpetuate it by being the typical, petty creatures they are. Professors are probably the only ones that criticize it, but not too loudly because donors love to flaunt it.
On Kagan -- the American liberal and left wonkosphere has been abuzz with worry that Kagan is "too right" because of her views on things like late-term abortions and executive power. The right of course is freaked out that she wrote a college paper on the emerging pre-WWII socialist movement in the United States.
It's like each side lives in its own distinct fantasy world with no concept of what's going on.
The fact is that radical politics (and you all know I love me some radical leftist politics) have no place on a federal bench. Liberals love the idea of the Warren Court bravely staking out new and expansive liberal rights from the sacrosanct position of discovering them in the Constitution. This, in and of itself, is no more or less a phantasy than the conservatives "original intent" window dressing. The end result (getting what the justices want) is the same; the rhetoric is the only thing that changes. Kagan, by all lights and public material, is a good and conscientious lawyer, a political moderate that will leave political questions up to those idiotic hotheads in Congress and the executive branch.
What's even more surprising is how many people consider this nomination a betrayal by President Obama, although he has always been clear that his philosophy is that change does not come from the bench and that American progressives have relied on the courts to protect them against conservative legislative majorities for so long that they now believe the courts are their only vehicle to achieving progress.
Once again, I'm impressed with the President's even-handedness and political acumen, and distressed by the American left's inability to forge a coalition on anything because their one pet issue may not be getting center stage as much as they'd like.
The Rose Bowl Test:
Arizona State
Illinois
Miami (FL)
Michigan
Nebraska
Northwestern
Ohio State
Oklahoma
Oregon
Penn State
Purdue
Southern California
Stanford
Texas
UCLA
Washington
Washington State
Wisconsin
Not a bad list, actually
Arizona State
Illinois
Miami (FL)
Michigan
Nebraska
Northwestern
Ohio State
Oklahoma
Oregon
Penn State
Purdue
Southern California
Stanford
Texas
UCLA
Washington
Washington State
Wisconsin
Not a bad list, actually
Toobin is an idealogue and kind of a creep. He was on the staff of the Walsh Commission, which was the body looking into Iran Contra. He wrote a book, which catapulted him to fame, without permission, using confidential material. He praticed law for a very short time, yet the MSM treats him like a distinguished lawyer.
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