By Evan Harris

May 16, 2010 10:17am

No ‘Little-Bitty Matter:’ Sessions Says Kagan ‘Violated the Law’ on Military Recruiting

The Ranking Member of the Senate Judiciary Committee, Senator Jeff Sessions, R-AL, seized on Elena Kagan’s role in prohibiting military recruiting on Harvard's campus during her tenure as the dean of Harvard Law School in an exclusive "This Week" interview and called it “no little-bitty matter.” He insisted that Kagan was not only wrong in her decision, but broke the law. Sessions was joined by Senate Judiciary Committee Chairman Senator Patrick Leahy, D-VT, who called the issue “sound and fury signifying nothing.”

The controversy revolves around Kagan’s decision to prohibit military recruiting directly on the law school’s campus because the military’s “Don’t Ask Don’t Tell” policy, prohibiting gays from openly serving in the armed forces, violated Harvard Law School’s anti-discrimination policy.  When the Supreme Court ruled that a law tying federal funding of schools to military recruiting was constitutional, Kagan allowed military recruiting on campus on Harvard again so the school wouldn’t lose funding.
 
Asked about the issue by host Jake Tapper, Sessions said, “This is no little-bitty matter, Jake. She would not let them come to the area that does the recruiting on the campus. They had to meet with some student veterans, and this is not acceptable. It was a big error,” he said. “That went on for a number of years. It was a national issue. People still remember the debate about it.”

“She reversed the policy. When she became dean, they were allowing the military to come back on campus and had been for a couple of years,” Sessions said.

Leahy insisted that the whole affair was much ado about nothing. “Well, this is like in Shakespeare,” he said.  “Sound and fury signifying nothing.  She — the recruiters were always on the Harvard campus.  She's shown her respect for the veterans there. … Recruiting went on at Harvard every single day throughout the time she was — she was there,” Leahy said. 

Sessions strongly disagreed:  “She disallowed them from the normal recruitment process on campus. She went out of her way to do so,” he told Tapper. “She was a national leader in that, and she violated the law of the United States at various points in the process.”

Other Republican voices have been even sharper. “She, as Dean of the Harvard Law School, took an effort to block the American military from the Harvard campus all the way to the Supreme Court during a war,” former Republican House Speaker Newt Gingrich said last night an NRA convention.  “And that is an act so unbecoming of an American that she should be disqualified from the very beginning,” he said.

WATCH VIDEO HERE:

User Comments

I hope Sessions’ claim gets fact checked.

Posted by: Alex | May 16, 2010, 10:25 am 10:25 am

The military’s don’t ask don’t tell policy is one that was instituted legally, meaning that is what the military is required to do. She did not follow the law of the land. She fought it all the way to the SC. This should be a clear indication she doesn’t respect the military. but she also doesn’t respect the law. We do not need more judges rewriting laws. We need judges and Justices who will uphold the constitution.
She only looked for a loophole to comply in the barest minimum way to keep funding for the school. What incentive does she have when she is a Justice? None.

Posted by: JMW | May 16, 2010, 10:27 am 10:27 am

Why punish the military for what the civilians made them do?

Posted by: heymanj | May 16, 2010, 11:06 am 11:06 am

Fact check it yourself. Its likely all true and you will find a reason why its all suddenly ok to break the law because its a democrat.

Posted by: this change sux | May 16, 2010, 11:07 am 11:07 am

What law? Can somenone cite it? Maybe Sessions is violating the law by accusing her of violating the law.

Posted by: Brian | May 16, 2010, 11:15 am 11:15 am

What Senator Sessions says is true. And the Supreme Court found that Kagan was in the wrong by a 9-0 vote. That fact alone should make her ineligible to be on the Court.

Posted by: Sheri | May 16, 2010, 11:15 am 11:15 am

actually according to the democrats, she lost her arm in iraq saving 20 of her men in a firefight, republican-”she has both her arms dude, she was never in the military either”…democrat.RACIST….YOU ARE SAYING KAGEN HAS BOTH ARMS and didnt serve in the military because you hatethe color of the presidents skin…-a typical democrat/republican conversation..and her position on abortion is she wants as many abortions to happen as hum..inhumanely possible..saw an article saying it was a mystery..no she loves abortion more than christmas..god bless america

Posted by: azbugman | May 16, 2010, 11:17 am 11:17 am

Some of the comments prove that so many have been looking the other way for so long that they now cannot believe what is so easily proven to be true. The reality of what has been going on is jerking them to such a sudden stop that they are spilling their KoolAid all over themselves. Better late than never I guess

Posted by: GoodnCool | May 16, 2010, 11:52 am 11:52 am

What law? Can someone cite it? Maybe Sessions is violating the law by accusing her of violating the law.
Posted by: Brian
10 US Code Section 983 (commonly known as the Solomon Amendment). It provides that no federal funds may be provided by contract or grant (including a grant of funds for student aid) to
an institution of higher education (including any subelement of such
institution, e.g., a law school) if the
institution (or any subelement) has a policy or practice that either prohibits, or in effect prevents access by military recruiters for purposes of military recruiting. In a 9-0 decision, the Supreme Court (Rumsfeld v. FAIR) ruled that the law was constitutional: “A military recruiter’s mere presence on campus does not violate a law school’s right to associate, regardless of how repugnant the law school considers the recruiter’s message”.
By continuing to accept federal funds, Harvard, including its law school, was bound to provide access to military recruiters. If Harvard wanted to forbid military recruiting on campus, it could have eschewed federal funds. Of course, it did not. Not surprising — Harvard University receives nearly a half billion dollars per year in federal funding.

Posted by: Mighty Righty | May 16, 2010, 12:03 pm 12:03 pm

Ms. Kagen was working for the school at the time and she was paid to defend the school’s policies, which she did. Now that she is being paid by the government she will follow the polices of the government. This is really a very simple issue. You work for the people that are paying you and you follow their policies and procedures.

Posted by: Jeffrey1234 | May 16, 2010, 12:04 pm 12:04 pm

Ms. Kagen was working for the school at the time and she was paid to defend the school’s policies, which she did. Now that she is being paid by the government she will follow the polices of the government. This is really a very simple issue. You work for the people that are paying you and you follow their policies and procedures.
Posted by: Jeffrey1234
That’s what the Nuremberg defendants said, right?
By the way, a SCOTUS Justice does not always “follow the policies and procedures of the government.” They are supposed to follow the Constitution, and the law. Not always the same thing.

Posted by: Mighty Righty | May 16, 2010, 12:08 pm 12:08 pm

The military was recruiting for the JAG corp, core,corpse, kore..you would think Harvard would want liberal Harvard lawyers in the JAG. Just think of all the damage they could do to the military.

Posted by: ringmaster76120 | May 16, 2010, 12:19 pm 12:19 pm

Why don’t we deal with Torture first, or Arizona becoming a Police State.
Torture is defined as a War Crime under US Code, Section 2441. Where does Sessions Stand on THIS Law?
Demanding ID from a Latino in Arizona just because he happens to BE Latino is an Unconstitutional Search and Seizure. Where does Sessions stand on THIS Law?
Conservative Christians ask “why beholdest thou the mote that is in thy brother’s eye, but considerest not the beam that is in thine own eye?”
– Matthew 7:3

Posted by: Sarah | May 16, 2010, 12:33 pm 12:33 pm

Can’t Obama find some Jews for Court who are not from NYC?

Posted by: mascmen7 | May 16, 2010, 12:36 pm 12:36 pm

This Woman is no more Qualified to be a Judge than OBama is to be President!
Can we toss them both out? Lord please let Nov get here very very fast,, Amen..

Posted by: westfsu | May 16, 2010, 12:45 pm 12:45 pm

So in Senate Judiciary Committee Chairman Senator Patrick Leahy, D-VT mind, violating the law is just hunky-dorry with him as long as it’s “one of is own” people doing it?? Come on America, Wake the hell UP!!! The alarms been blaring for years and still you sleep!!!

Posted by: iggy | May 16, 2010, 1:00 pm 1:00 pm

Kagan Should Not Be Confirmed
Being a graduate from an Ivy League school is not a negative. The negative is that the Supreme Court is losing Educational Diversity amongst its members. A very simple example could be vanilla ice cream. Everyone likes vanilla ice cream. The problem arises when you limit your diet exclusively to vanilla ice cream. You get lots of calcium, but you lose out on all of the other needed vitamins and minerals to live a healthy productive life. The same can be said about losing the diversity of knowledge and diverse perspectives that people from other institutions can provide. The majority of the Supreme Court Judges should not be Ivy League graduates.
I am of the opinion that Supreme Court decisions may be considered biased, due to their common Ivy League education, and they are engaging in discrimination, by limiting the Court to Ivy League Graduates.
The following applies to Kagan, just as it did to Sotomajor.
This editorial was created by 160 Associated Press readers under a Creative Commons Share-Alike Attribution License 3.0 using MixedInk’s collaborative writing tool. For more about how it was created, see here. It can be republished only if accompanied by this note.
Obamas Appointment of Sotomayor Fails to Offer Educational Diversity to Court.
Sotomayor does not offer true diversity to our Supreme Court. The potential power of Sotomayor’s diversity as a Latina Woman, from a disadvantaged background, loses its strength because her Yale Law degree does not offer educational diversity to the current mix of sitting Judges. Once she walked through the Gates of Princeton and then Yale Law School she became educated by the same Professors that have educated the majority of our current Supreme Court Justices, and our Presidents.
Diversity in education is extremely important. We need to look for diversity in our ideas, and if our leaders are from the same educational background, they lose the original power of their ethnic and gender diversity. The ethnic and gender diversity many of our current leaders possess no longer brings a plethora of new ideas, only the same perspective they learned from their common Ivy League education. One example of the common education problem is that Yale has been heavily influenced by a former lecturer at Yale, Judge Frank, who developed the philosophy of Legal Realism. Frank argued that Judges should not only look at the original intent of the Constitution, but they should also bring in outside influences, including their own experiences in order to determine the law. This negative interpretation has influenced both Conservatives and Liberals graduating from Yale. It has been said that Legal Realism has infested Yale Law School and turned lawyers into political activists.
A generation of appointees with either a Harvard or Yale background, has the potential to distort the proper interpretation of our Constitution. America needs to decentralize the power structure away from the Ivy League educated individual and gain from the knowledgeable and diverse perspectives that people from other institutions can provide. We should appoint Supreme Court Justices educated from amongst a wider group of Americas Universities.
Harvard -
Chief Justice John Roberts
Anthony Kennedy
Antonin Scalia
Stephen Breyer
Ruth Bader Ginsburg (Harvard, Columbia)
Yale
Samuel Alito – Yale JD 1975
David Souter
Clarence Thomas – Yale JD 1974
Sonia Sotomayor – Yale JD 1979
Northwestern Law School.
Justice John Paul Stevens
The Presidents we have elected for the last twenty years, have themselves been Harvard or Yale educated. This has the potential to create an even more closed minded interpretation of our laws.
Yale – Bush Sr. – 4 years
Yale Law – Clinton – 8 years
Yale – Bush, Jr. – 8 Years
Harvard Law – Obama – 4 – 8 years
When we consider that our Nation has potentially twenty – eight years of Presidential influence from these two Universities, as Americans, we should look long and hard at the influence Yale and Harvard have exerted on our nation’s policies. Barack Obama promised America Change, but he has continued the same discriminatory policy by appointing a Yale graduate over many qualified candidates that graduated from other top Colleges and Universities in America.

Posted by: hjp | May 16, 2010, 1:01 pm 1:01 pm

Look.. I get it, what Ms Kagen’s stance was.. all politics aside..
She represented the school.. and the school happens to be full of all kinds of our kids. All colors, creeds and yes, gays and lesbians, maybe even your son or daughter, who knows. Certainly your not immune to this.. someone you love and trust is either homosexual or someone they love and trust is..
From her view the recruiting was not inclusive of a good cross section of students, and thereby discriminatory of them. And well.. the don’t ask don’t tell is going to be changed soon anyway.. this seems like much ado about nothing.
However if there WAS laws broken, then address that issue legally.

Posted by: 333maxwell | May 16, 2010, 1:02 pm 1:02 pm

OK, let’s be fair here.
Look at how this President has acted in his 15 months of office. Now did any reasonable person expect him to nominate a reasonable, reliable observer of US law and the US Constitution as a SCOTUS nominee?
Of course not. This is what America elected and this is what America gets for it.

Posted by: Pal | May 16, 2010, 1:06 pm 1:06 pm

SCOTUS needs diversity, and another pointy-headed Ivy League academic does cut it. I guess you don’t get considered unless you hold a Harvard or Yale sheepskin.
Kegen’s only qualification is that she’s an Obama crony from Chicago. She’s another Harriet Meyers, only on the left. Totally unqualified to be an associate justice, just as The One is totally unqualified to be President.

Posted by: Marmaduke's Uncle | May 16, 2010, 1:16 pm 1:16 pm

I meant to post that she does NOT cut it.
Wake up, America! We are headed into Third World gangster government, The Squid of Chicago writ large on a national scale.
It took GWB 8 years to screw the pooch, Obama has done it in less than 2 years.

Posted by: Marmaduke's Uncle | May 16, 2010, 1:20 pm 1:20 pm

Posted by: Marmaduke’s Uncle | May 16, 2010 1:20:04 PM
Not withstanding your obvious eloquence, it should be pointed out the economy has done nothing but improve since Obama took office. The free-fall collapse has stopped, the stock market is up, the GDP is up and more jobs were produced in April than any other month in the past 4 years.

Posted by: tierra | May 16, 2010, 1:33 pm 1:33 pm

tierra:
here is some information you’re not likely familiar with:
“he that hath eyes, let him see”

Posted by: philthetruth | May 16, 2010, 2:21 pm 2:21 pm

The economy has done nothing but get worse since obama took over. Once he forced the porkalus bill through over a year ago, he owns this horrible economy! He (obama) is leading us down the EXACT same path as Greece. It won’t be long.
It would be so appropriate for this corrupt administration for a criminal to be appointed to the Supreme Court. After all, we already have a tax cheat as head of the IRSS.

Posted by: Kermit | May 16, 2010, 2:24 pm 2:24 pm

Kermit–how can you say the economy has done nothing but get worse. I know, you believe everyone reading this board is either a Southern R-or A T-Partier-Illiterate. GDP has gone up three consecutive quarters. Retail sales while still low are up. And the retail sector is hiring again. 290 thousand jobs were created last month. That would be the third consecutive increase.
Who wasted the first trillion in TARP money? Have an answer? Bush/Paulson.
Your posting is so factually incorrect, you should erase it. SECREG_756

Posted by: secreg666 | May 16, 2010, 2:30 pm 2:30 pm

Sessions’ own alma mater, the University of Alabama School of Law, does not allow military recruiters on the law school campus, or didn’t in the early 2000s.

Posted by: Alabamian | May 16, 2010, 2:40 pm 2:40 pm

Well, cheney broke the law with his wiretapping and many other things….so what?

Posted by: talmag | May 16, 2010, 2:41 pm 2:41 pm

Kermit–you claim the head of then IRS is crooked. I have no reason to believe you are wrong. In todays world most agency watch dogs are being paid by the agency’s they are supposed to be watching for crooked behavior. Your point is exactly why we need mad dog, Elliot Ness like government regulators, to make certain the laws are not being broken. Extending government activity in AZ. is fine with Palin and the T-Baggers. It suits there wants and purposes. Get’s them press and allows them to take pot shots at the president at the same time. BIG GOVERNMENT which supports their agenda is fine with them. BIG GOVERNMENT watching over the crooked BIG CORPORATIONS is not fine with them. Care to tackle this one, Kermit?

Posted by: secreg666 | May 16, 2010, 2:45 pm 2:45 pm

The economy has done nothing but get worse since obama took over.
_____________________________________
Not at all – the economy was in free-fall collapse after Bush when Obama took over.
Since then the collapse has been stopped, the stock market is way up, the GDP is up and April saw more jobs created than in any month over the past 4 years.
You’re going to need to acquaint yourself with facts and the truth.

Posted by: tierra | May 16, 2010, 2:46 pm 2:46 pm

So what does the law mean to a liberal???

Posted by: Howard Ino | May 16, 2010, 2:53 pm 2:53 pm

Why is Sessions opposed to ‘don’t ask people if they’re gay’ when the military’s leaders are done with it? This obsession with some one else’s sexuality is unbecoming of America. What’s the penalty for the asking?
As for barring the recruiters from law school property, there might have been a perceived tension between a private propriator enforcing its ethics of inclusion over its contractual obligation to its federal funder. The law school might have decided that endorsing closeted jags is unbecoming to law and school as understood in american english.

Posted by: Ashe Newt | May 16, 2010, 2:53 pm 2:53 pm

Session is an impediment to the modernization of America’s military, blocking the wishes of our military is an unamerican activity. The senator is unpatriotic. The military of the future would like to ask Sessions and his pigeons to move over without making his constituents look like national security targets on watch for mass incarceration.

Posted by: Ashe Newt | May 16, 2010, 2:59 pm 2:59 pm

Kagan will be an activist judge who will interpret the U.S. Constitution for us. For our own sake so we don’t have to concern ourselves.

Posted by: StopNonsense | May 16, 2010, 3:14 pm 3:14 pm

Nomobamajad is using the Grecian plan to
cause havoc.We have too much of the Northeast influence in out courts and
in our country which is now on the left edge of a less-grand canyon.
If this is not one nation under God then
break it up. The left can have the north
and all those they ‘bred on welfare’ by them among the least educated just to create demos.The left, like Herr Leader
today, speak of improving education. You can do that by sending better students to school. STOP breeding on welfare.

Posted by: Jack Kinch(1uncle) | May 16, 2010, 3:31 pm 3:31 pm

mascmen7 writes–Can’t Obama find some Jews for Court who are not from NYC?
Jews are the superior race. Shouldn’t the Supreme court be comprised of 9 Jews?

Posted by: secreg666 | May 16, 2010, 3:36 pm 3:36 pm

JackKinch(1uncle)– how do you explain the largest areas of government support are in the South? The lowest graduation from high school rates are in the south and keep in mind, secession is against the Constitution.

Posted by: secreg666 | May 16, 2010, 3:40 pm 3:40 pm

So the used car salesmen says to a T-Bagger. The Ford stalls out when you gas it at 65. The Chevy stalls out when you gas it at 65. The T-Bagger says, ” I’ll take the Chevy.”

Posted by: secreg666 | May 16, 2010, 3:44 pm 3:44 pm

secreg666- “290 thousand jobs were created last month”? Don’t you mean last quarter?
How many BK/McD/W-mart/dishwashers can we hire? All we need to make numbers!
What you left out (chicken?) is that those jobs are very low pay scale and were many times offset by the 147,000 jobs lost in other sectors, but not counted because of the DOL’s accountancy rules. As for the “Your posting is so factually incorrect, you should erase it.” Take a look in the mirror- look very closely and contemplate the fool looking back at you. You are the one spouting spurious numbers, easily disproved.

Posted by: Cranky_Curmudgeon | May 16, 2010, 4:03 pm 4:03 pm

secreg666- “secession is against the Constitution”
Wrong again. Have you not read the Constitution or the words of those who authored it? Try reading Thomas Jefferson’s “Kentucky Resolutions”. I will rest assured that the nominee and the Supremes have… at least the more conservative have.

Posted by: Cranky_Curmudgeon | May 16, 2010, 4:12 pm 4:12 pm

Don’t stock-up on Gold coins, stock-up on ammo, if you got the ammo you can get the Gold ! stock-up, be prepared, stand your ground, change is on it’s way ! Overheard in 2016, “grandpa, grandpa ! tell us again about freedom what was it like ?”

Posted by: allgone | May 16, 2010, 4:25 pm 4:25 pm

cranky-all wired-we fought a war. No matter what you want to believe. No matter what rationale you come up with. it’s statutory, secession is against the law and UN Constitutional. Texas can seceede if it wants to. I wish it would. One month later Cornyn would be begging to allow Texas back into the Union.

Posted by: secreg666 | May 16, 2010, 4:42 pm 4:42 pm

Sessions’ own alma mater, the University of Alabama School of Law, does not allow military recruiters on the law school campus, or didn’t in the early 2000s.
Alabamian | May 16, 2010 2:40:49 PM
Ive been attending the University of Alabama since the fall of 2004. I went on tours there in the spring of that same year, and there were military recruiters all over the place. Every 2-3 weeks or so, there is a table in the Ferguson center (pretty much the center of student life on campus, not counting the libraries) with recruiters from one branch of the military or another. And Ive yet to meet a nicer group of people anywhere. Also, there is both an Army and an Air Force ROTC unit on campus, and you cant go more than 2 or 3 hours without seeing someone in an ROTC uniform. So, in short, do your best NOT to make accusations unless you have solid, verifiable facts to back them.

Posted by: UofA Student | May 16, 2010, 5:13 pm 5:13 pm

breaking the law like CONgress, the pRESIDENT and the courts and most of corporate America?
I guess they dont like competition!

Posted by: Davec | May 16, 2010, 5:19 pm 5:19 pm

For those who keep saying there were more jobs created blah blah blah. Well over 150,000 census jobs are in that total. Those are temp jobs…that happen once every 10 yrs….clearly nothing has “turned around” yet.

Posted by: Steve | May 16, 2010, 5:35 pm 5:35 pm

Kagen would be a key player in Obama’s post-America era if it weren’t for the fact that one day in the near future Obama will be frog-marched through the back door of the White House as an imposter.

Posted by: Hedley Lamar | May 16, 2010, 5:40 pm 5:40 pm

Ms. Kagan did go against the law when she would not allow military recruiters the same access to students as other job recruiters. The Solomon Act said she had to allow access if the school wanted taxpayer money. Apparently she thought she knew best or that gay issues trumped the military. Don’t ask, don’t tell is the law. She can not like it all she wants, but it is and was the existing law. It seems she wants to pick and choose which laws she wants to abide by. That is scary to think a Supreme Court justice has that attitude about the law.

Posted by: Daisy21 | May 16, 2010, 5:43 pm 5:43 pm

“You’re going to need to acquaint yourself with facts and the truth.” – Whomever
Conservatives are immune to the truth, and spend their days living on the delusional planet of Conservadopia and it’s moon Libertaria.
I have never encountered a Conservative who wasn’t a congenital and perpetual liar.

Posted by: Vendicar Decarian | May 16, 2010, 5:51 pm 5:51 pm

“You’re going to need to acquaint yourself with facts and the truth.” – Whomever
Liberals are immune to the truth, and spend their days living on the delusional planet of Libunatica and it’s moon Lefisteria.
I have never encountered a Liberal who wasn’t a congenital and perpetual liar.

Posted by: Typical Government CF | May 16, 2010, 6:07 pm 6:07 pm

Tierra,
I love your pseudo-pithy little comments, even though almost all of them are wrong. The economy was not in freefall until the 2006 De Congress started their plundering of the economy. However, even if you were remotely right, That does not give Obama rein to double or triple or quadruple debt, deficit or unemployment. YOU look it up.

Posted by: rc | May 16, 2010, 6:21 pm 6:21 pm

Kagan is just another poor choice and an ultra lib from the left wing academia who have spent little time in the real world. No bench experience, which according to Obama’s past statements, is a very serious matter as far as Supremes go. Of course the hypocrisy of this administration continues to reach new depths. If a Republican had performed so poorly in his first term on so many issues, the media would be frothing at the mouth.

Posted by: trajan2448 | May 16, 2010, 6:48 pm 6:48 pm

Posted by: trajan2448 | May 16, 2010 6:48:03 PM
I don’t agree with most of your comments, but “ultra lib” is just insane.
Ask some “ultra libs”. Read Glenn Greenwald’s posts on the matter.
Yowza.

Posted by: progressive mama | May 16, 2010, 6:57 pm 6:57 pm

Posted by: rc | May 16, 2010 6:21:40 PM
The 2006 Congress was Republican.
The elections held in fall 2006 led to Dems taking over in January 2007.
Just sayin’.
Also, I recommend reading Bruce Bartlett, an independent conservative, former Republican, on the misplaced GOP rage and how poor Bush’s economic policies really were.

Posted by: progressive mama | May 16, 2010, 7:01 pm 7:01 pm

However, even if you were remotely right, That does not give Obama rein to double or triple or quadruple debt, deficit or unemployment. YOU look it up.
Posted by: rc | May 16, 2010 6:21:40 PM
______________________________________
The Republicans had a majority in the chambers of Congress for basically 12 straight years and the presidency for 8 straight years – all that time to build up a ‘strong’ economy using Republican policies and the result was the economy collapsed like a house of cards.
Regarding current deficits – you seem to have no idea of the effects of an almost complete free-fall collapse of the economy on local, state and federal budgets. Look into it sometime.

Posted by: tierra | May 16, 2010, 7:19 pm 7:19 pm

I have never encountered a Conservative who wasn’t a congenital and perpetual liar.
Posted by: Vendicar Decarian | May 16, 2010 5:51:37 PM
____________________________________
Lots of evidence of that on this blog. You’ll seldom see a ‘liberal’s’ facts proved wrong -

Posted by: tierra | May 16, 2010, 7:22 pm 7:22 pm

Anyone notice the comments from Liberals are totally intolerant and rude. Why is that when Liberals will be the first to tell you how tolerant they are and how intellectually superior they and their candidates are? Tolerant and open minded? Give me a break! Liberals are thought facists.
Frankly I am tired of the Liberal lack of logic and emotionalization of everything. Liberals are Socialists….they should quit hiding it and say it. It is very obvious!

Posted by: Rick | May 16, 2010, 7:42 pm 7:42 pm

Posted by: Rick | May 16, 2010 7:42:55 PM
Can’t help but wonder if you messed up the facts, switched screen names and are now attempting to punch liberals and hippies to feel less embarrassed.
No worries, Ricky. You can get better informed. Everybody can. What is inexcusable is burying your head in the sand.
As for liberals, I personally have noticed that many– including myself- hate the hate, are intolerant of intolerance, and rant against rants. Why? Because its a human reaction, and whether you all like it or not, we’re part of the human race. Moreover, its the conservatives who try to portray liberals as weak-kneed due to their compassion and open-mindedness. Truth is there is nothing weak-kneed about liberal ideals. And they are worth fighting for. Ask our founding fathers.

Posted by: progressive mama | May 16, 2010, 8:00 pm 8:00 pm

As I always point out to my conservative friends, “You have the right to Rush Limbaugh’s opinion, but you can’t rely on Fox facts.”

Posted by: DavidKnows | May 16, 2010, 8:09 pm 8:09 pm

A belief in limited government is at the core of conservatism while the core of liberalism is bigger government and as big as necessary to solve “all” problems regardless of the effectiveness or consequences. The group think and complete lack of independent thought among liberals is shocking. The government is THE answer to all problems according to liberals.
1 Question for all of you liberals:How does believing in limited government make one a homophobe, racist bigot? You have painted conservatives as such-and worse- and this is the only tool you have. Well, that and outright lies.
If you can answer that without twisting your “logic” you win, otherwise all of your premises against conservatism are false and based on lies and group think. You need some new material.

Posted by: Darren | May 16, 2010, 8:47 pm 8:47 pm

It would be better to get her comfirmed. Then the people can hound her to death till she resigns. She could also be impeached. Yes this can be done.

Posted by: steve | May 16, 2010, 9:04 pm 9:04 pm

Vendicar Decarian-
Meaning the promise not to use parliamentary tricks to pass health care… or pass a cap and trade tax that hurts American Families?

Posted by: Truthful Conservative | May 16, 2010, 9:39 pm 9:39 pm

It’s no surprise that Obama would nominate a person like Kagan. After all he is a a marxist. Of course most democrats are pro-marxism even if they can’t understand or admit to it. So what is the surprise with Kagan’s hate for America, our military, and in wanting government to control our lives?

Posted by: AJ | May 16, 2010, 10:04 pm 10:04 pm

Its interesting that all the Drudge readers are so pro-government on this issue
Does the government have the right to force private businesses to allow solicitation for a government organization?

Posted by: Roger | May 16, 2010, 10:04 pm 10:04 pm

Kagan is bad for this country. Obama is trying to stack the Court with ultra liberal socialists that will ultimately completely change America into a country much like the old Soviet Union(Kagan favors restricting the first and second amendments). Stand up America for our military and our family values and secure borders or the left wing radicals will alter our country beyond belief!

Posted by: rockychance | May 16, 2010, 10:14 pm 10:14 pm

Ms. Kagan made a tough decision, one in keeping what she believed was right for Harvard, and at the end of the day a decision that was hurtful to veterans and unlawfull to boot.
Kudos to her for having the moxie and willingness to support her personal integrity in a manner destined for controversy. Too few lack the same courage of their personal convictions.
However, as a veteran I was deeply troubled and hurt that she thought so little of the sacrifices my brothers and sisters have made.
As the Dean of Harvard Law — she probably excelled, and I think few dispute that point. But a lifetime appointment to SCOTUS with a track record of allowing personal conviction trump the law, should be a grave concern to everyone.

Posted by: Ruben | May 16, 2010, 10:15 pm 10:15 pm

The Bottom line is that if all the current Supreme Courts justices are valid choices, then Kagan is not. She was against the entire panel the Supreme Court voted 8-0 against her position. That means she is not in step with justices that have actually ruled on law before.
She has no experience and has never served on the bench which makes her unworthy. Yes there have been others who never sat on the bench before, but not many, which makes that argument few and far between. Kagan is not the exception; she is one that proves the rule that you need experience on the bench to know how to judge.

Posted by: WEP | May 16, 2010, 10:20 pm 10:20 pm

I respect people like Martin Luther King who break laws they don’t consider constitutional.. but when they are wrong they must pay the price of that law breaking action.. she and Harvard didn’t pay. When people think they can break any law any time for any reason.. we won’t need a Supreme Court .. or any court.. and we don’t need her on a court now..

Posted by: Richard | May 16, 2010, 10:49 pm 10:49 pm

Its interesting that all the Drudge readers are so pro-government on this issue
_________
Interesting is one way of putting it… but its certainly worth pointing out ;^)

Posted by: progressive mama | May 16, 2010, 10:54 pm 10:54 pm

Steve: You’re almost right when you said “A belief in limited government is at the core of conservatism”. I would submit “A belief in limited government is at the core of “Americanism” and being American while the core of liberalism is clearly anti-American including bigger government controlling Americans lives.
THE ISSUE in our nation is the PC Correct, anti-American left. Leftist PC CORRECTNESS and resultant stupid rules forcing gutless congressmen and senators to cower from doing the right thing (Just everyone must be able to buy a house – or you’re a racist right? enter economic crash – thanks lefties). You lefties are bent on breaking laws at will and dead set against our constitution (RE: Arizona enforcing FEDERAL immigration law.) Why wouldn’t anti-Americans want an anti-American on the supreme court?
Our forefathers would be ashamed of what you anti-American leftists are trying to do to our country indeed

Posted by: edwinJ | May 16, 2010, 11:00 pm 11:00 pm

Question for all of you liberals:How does believing in limited government make one a homophobe, racist bigot?
Posted by: Darren | May 16, 2010 8:47:43 PM
It doesn’t, but most American so-called “conservatives” claim to believe in limited government yet vote for people who never put those so-called beliefs into action. Reagan, Bush, and Bush all increased government and government deficit spending.
When you look at esults, and ignore the mouthed rhetoric that never gets put into action, conservatives simply stand for conserving the worst of the status quo, particularly in regards to power and wealth relations. Its how its always been in this country beginning with the conservatives loyal to the British crown and horrified at the idea of Revolution– or a Constitution that would grant suffrage to common people and non landowners.

Posted by: progressive mama | May 16, 2010, 11:02 pm 11:02 pm

Kagan is not only a virulent, militant, anti-U.S. military, radical leftist; she’s a sworn enemy of the United States Constitution and the rule of law. In keeping with the sole criterion used by Obama to nominate people for the federal judiciary, Kagan will substitute her own political preferences (i.e., fundamentalist leftism) for the United States Constitution and the rule of law.

Posted by: Tom | May 16, 2010, 11:03 pm 11:03 pm

the core of liberalism is clearly anti-American
———-
That’s an odd and twisted little lesson. The core of liberalism is the belief in the importance of liberty and equality. In fact, our founding fathers used liberal ideals to justify revolution and throwing off tyranny. Our country was founded on liberal ideals.
The conservatives? They backed the British. They’ve been on the wrong side of American history in the Revolutionary War, the Civil War, on issues such as women’s suffrage and the end of slavery, civil rights…. etc, etc.
The roots of conservatism are fear and greed.

Posted by: progressive mama | May 16, 2010, 11:07 pm 11:07 pm

radical leftist;
___________
Yowza.
Here’s hoping this is hyperbole and not the verge of a paranoid breakdown.

Posted by: progressive mama | May 16, 2010, 11:12 pm 11:12 pm

Desm HATE the military anyway. What surprises anyone that this Obama worshipper would ban the Military until she faced losing federal funding? This woman doesn’t have any credentials to be a Supreme court Justice. Then againm neither did SotoMayer, but the Republicnas rolled over and went belly up on that one too. Lot of blusetr but when it comes to Balls, Republicans usually fall short x2. Vote Rick Perry/ Ron Paul Tea Party candidates for Pres/VP in 2012

Posted by: Frank | May 16, 2010, 11:30 pm 11:30 pm

Since when is having violated the law an obstacle to higher office? It is practically a prerequisite.
If you have forgotten Whitewater or Charlie Tree, how about Tim Geithner of our latter days?

Posted by: Sandy Yago | May 16, 2010, 11:37 pm 11:37 pm

“The roots of conservatism are fear and greed. ”
Our chief weapon is surprise. …Surprise and fear…fear and surprise…. Our two weapons are fear and surprise…and ruthless efficiency…. Our three weapons are fear, and surprise, and ruthless efficiency…and an almost fanatical devotion to the Pope….

Posted by: Foghorn Leghorn | May 16, 2010, 11:39 pm 11:39 pm

“Okay, stop. Stop. Stop there – stop there. Stop. Phew! Ah! … our chief weapons are surprise…blah blah blah.”

Posted by: progressive mama | May 16, 2010, 11:43 pm 11:43 pm

“Love of violence and brutality is deeply ingrained in the conservative worldview” – Progressive thought leader Mathew Yglesias 5/16/10

Posted by: Foghorn Leghorn | May 16, 2010, 11:45 pm 11:45 pm

Desm HATE the military anyway
_________
Really? Dems are in the military, dude.
My friend, a former marine married to a former marine, now Army JAG, is a registered independent who leans Democrat.
My brother-in-law is former Navy, former Republican, but now a Democrat (thanks to Bush, and McCain’s choice of Palin as a VP candidate.)
Many states have democratic veteran groups, and during the campaign I went door to door with a group of veterans for Obama.
Several Dems in office are former military. Ever meet Tammy Duckworth? Ever hear of Jack Reed or Jim Webb?
Get real.

Posted by: progressive mama | May 16, 2010, 11:48 pm 11:48 pm

“Love of violence and brutality is deeply ingrained in the conservative worldview” – Progressive thought leader Mathew Yglesias 5/16/10
Posted by: Foghorn Leghorn | May 16, 2010 11:45:48 PM
Personally, I’ll stick with fear and greed, mostly fear.
I like science– including social science– and the fear thing has been studied.
In regards to brutality and violence, the pro-torture stance appeared to be borne out of fear for many, imho. So, I think its a result, a side effect, and not true of conservatives, necessarily,like most libertarians, for example, but, perhaps, Republicans of a certain ilk.

Posted by: progressive mama | May 16, 2010, 11:57 pm 11:57 pm

How many times are people going to make utterly foolish, illogical, willfully-ignorant arguments like that of “progressive mama” ? I don’t care what your political position is – it’s just ABSURD to argue that “so-and-so (WHO LIVED MORE THAN A CENTURY AGO) was considered a liberal by his peers so you should all be what are called ‘liberals’ today!” “Liberal” and “conservative” are relative terms! Your argument is not only just plain ridiculous, it actually HURTS you because any honest person with at least half a clue about history and politics who examined your claims would immediately find that you “new” liberals who bring this up are WILDLY out of step with the views of the Founders.

Posted by: Canof | May 16, 2010, 11:59 pm 11:59 pm

would immediately find that you “new” liberals who bring this up are WILDLY out of step with the views of the Founders.
Posted by: Canof | May 16, 2010 11:59:27 PM
______
Only if they were right wing and more reactionary and tribal than intellectual.
The truth is that the founding fathers and those who supported the revolution were liberal. Conservatives over time have been on the wrong side of history. They act to conserve the status quo despite whatever rhetoric they mouth.
The past three Republican presidents have expanded government and increased the deficit. They said they were for small government but they were not. The proof is in the results and the data. The facts. (“Do you want to know who you are? Don’t ask. Act! Action will delineate and define you.” –Thomas Jefferson)
Liberalism is about liberty and equality, the latter referring to equal rights and equal opportunity. Modern liberals think liberty and equality can work together, and prefer that they do. In fact, we tend to think they must to be authentic. We realize that pure laissez faire capitalism comes with gross inequities that can and should be limited and capped so that a safety net is provided to citizens. The point is to limit potential hardship and poverty not prosperity and success. We consider the conservative assertion that liberty and equality can’t work together or are mutually exclusive a rather silly red herring– a lameo excuse for those who currently hold the most wealth and power and wish to continue to exercise tyranny through coercive hierarchies, despite the fact that as power and wealth accumulate they tend to corrupt. We think its ridiculous that some would limit government while encouraging the tyranny of other coercive hierarchies such as unchecked business, as some propose. We also believe that in times of government hardship, there is a role for government in terms of intervention and investment.
What I find wholly out of step with the views of the founding fathers is a group of small-minded people pretending they own the rights to the founding fathers and the American spirit.
Get real. The country was founded on liberal ideals. And liberals and progressives push the country to live up to them.

Posted by: progressive mama | May 17, 2010, 12:23 am 12:23 am

Another Socialist with no job experience, or accomplishments save Liberal academia, she’s the best that BHO can do..?
Conservatives: Do NOT allow her to go fwd without hard questions and complete, open records.

Posted by: VOM | May 17, 2010, 12:52 am 12:52 am

progressive mama… I agree with a lot of what you say about liberals; this country was founded on liberal ideals, for the time. Freedom to own property, to write a line of text without someone in the political class chastising, or worse imprisoning, you for your thoughts and ideas. Freedom was a very liberal idea, at the time.
Freedom, it’s not such a new concept these days, but it seems the “progressive” ideals are not in line with property ownership (New London, CT), freedom of speech (they don’t like, “fighting words”), you know, those ideals that the liberal founding fathers fought to secure. It seems the “progress” we can expect is in the direction of Chavez.
Pardon me if I try to “conserve” the rare freedoms I still have, before my benevolent ruling class tells me which promise (health insurance policy) I’m required to buy from their most prominent political donor (after all, they’ll be able to decide what a “qualified” plan is).

Posted by: French | May 17, 2010, 1:02 am 1:02 am

Posted by: VOM | May 17, 2010 12:52:37 AM
Can you produce any evidence at all that she’s a socialist? Good grief.
The problems with Elena Kagan have been laid out well by Glenn Greenwald– basically, she’s an able administrator with a shockingly limited record when it comes to legal writing– journal articles, etc.
Everyone on the left and right wants openness– but accusations regarding her being a radical leftie, a socialist and all that usual b.s. is extreme and totally undocumented. Evidence suggests she’s very cautious, and progressive but more center–left.
(Lawrence Lessig and others have written articles in support of Kagan’s nomination. Lessig’s is called, “A Case For Kagan.” I also read that Laura Bush said something to the effect of the nomination being great.)

Posted by: progressive mama | May 17, 2010, 1:04 am 1:04 am

it seems the “progressive” ideals are not in line with property ownership (New London, CT), freedom of speech (they don’t like, “fighting words”), you know, those ideals that the liberal founding fathers fought to secure. It seems the “progress” we can expect is in the direction of Chavez.
__________
In regards to property, my husband and I own several properties,including one in partnership with a yellow dog Democrat, and two others in partnership with a couple of progressives and a libertarian, so I have no idea what you’re talking about, really. I’m not familiar with New London, Connecticut. All of this sounds like part of the myth the right is building up about the left– the Anti-American or real American myth– which has been going on for awhile, but got fanned a bit during the campaign, and caught fire in reaction to a Democrat winning the election. Most the progressives i know own property, build properties, decorate properties.. and so on.
In regards to freedom of speech, I have to say its the right who seems to get ruffled by fighting words. I’ll use complaints about my posts on this comment board as an example. People say horrible things about liberals, progressives, the President, me, and then are shocked, offended, horrified, that I use fighting words right back. They get horrified when anyone criticizes their fighting words– and whine about free speech, not realizing that nobody is telling them to stop, but, hey, btw, the criticism is free speech, too.
Health care, imho, is part of public health and safety, and hence national security, prosperity and the social sfety net. While I’m not familiar with your positions on various issues, I find a lot of inconsistencies in the arguments against health care but for other things. Examples abound if you read through blog posts and comments related to that topic.
I personally think those of us who banned together to fight back against what we considered unconscionable business practices by the insurance industry had every right to do so and to push those we were able to vote into office to pass legislation reforming health insurance and enacting pilot programs which will work toward bending the cost curve. As I said, any coercive hierarchy ought to be questioned and prevented from exerting tyranny. The difference between the left and the right in America is that the right tends to only complain about government when Dems are in power, ignoring government when Republicans are in power and the abuses and corruption of corporations.
They act in common cause with special interests and the unholy alliance between government and big biz.
Being liberal is about promoting maximum individual freedom while also promoting maximum individual equal rights and opportunity– in tandem. But also being liberal is about being less risk averse and fearful of change– or startled by change– than those who are more cautious and prefer to move very slowly. Its about being willing to explore and implement new and different ideas even those that may seem very odd and unacceptable to the majority, who may not be looking forward, but rather wondering why any change is necessary.
Funny thing is the one thing we can’t change is that everything changes– and the world will change. If we wish to remain competitive and to continue to live up to our ideals under new and altering circumstances, we have to innovate and keep moving forward.

Posted by: progressive mama | May 17, 2010, 1:34 am 1:34 am

She is just another elitist.

Posted by: james strom | May 17, 2010, 2:02 am 2:02 am

Elitist=smart
The guy is a Republican from Alabama…nuff said…
Deep thinker like Inhofe.

Posted by: Slice | May 17, 2010, 2:06 am 2:06 am

Kagan is just another liberal who cares more for her amoral agenda than the traditions that successfully made this country of ours a great nation. Thumbs down for Kagan.

Posted by: Thomas | May 17, 2010, 2:26 am 2:26 am

…..i believe it went “no taxation without representation”.
_______________________________________
That’s where it STARTED. Believe it or not, the founding fathers put a little more than that in the constitution, bill of rights, declaration of independence etc.

Posted by: tierra | May 17, 2010, 4:35 am 4:35 am

MY God! Have We the People, out of 300 million inhabitants, no better nominee for the SCOTUS than Kagan? The reason our Constitution requires Senate approval of judicial nominees is precisely to prevent the politicalization of those who will have life tenure!
Do your Constitutional duty, Senators!
Remember, Oath Keepers! Anything our de facto president does is null and void when he is found unqualified for office – by the courts – or our tribunals -if the courts won’t do their Constitutional Duty!

Posted by: Klesb | May 17, 2010, 4:55 am 4:55 am

The problem with Kagan is she defended the banning of books (her opinion re. Citizens United vs. F.E.C.).
We don’t need a book-banner to reinforce the new totalitarian, intrusive, “1984″ anti-human-rights coalition headed up by that deceiver Obama.

Posted by: Randolph | May 17, 2010, 5:14 am 5:14 am

Laura Bush is a Democrat, what do you think she would believe. Both of the Bush presidents were progressives, they were not conservatives. The Bushes and Clintons are friends. The old saying “show me who your friends are I’ll show you who you are” is very true. Look who Obama’s friends were. Wake up people! The truth is right in front of your face. These people are all the same. The quote:(Lawrence Lessig and others have written articles in support of Kagan’s nomination. Lessig’s is called, “A Case For Kagan.” I also read that Laura Bush said something to the effect of the nomination being great.)Laura Bush said herself that she was a democrat. Just because you are a democrat doesn’t mean you have good sense or give a crap about the country. These rich people in power that only care about controling people, the “laws” they pass don’t affect them.

Posted by: Lynn | May 17, 2010, 5:31 am 5:31 am

Mr. Tapper there are no white house correspondents. There are only white house website blog readers. There are no other website readers except the other folk who call themselves white house reporters.
Why don’t you all just call yourselves senior white house website blog reporters?
Isn’t this the first stages of the state run media take over by the Regime”s Greed for Power and Control?

Posted by: rowley | May 17, 2010, 5:54 am 5:54 am

People, get lives! Anybody on the Supreme Court is one of 9 of the most powerful people in the country. OF COURSE she’s an elitist. Would you want some double-digit IQ gas station attendant deciding Constitutional issues?

Posted by: Oberon123 | May 17, 2010, 7:10 am 7:10 am

Obama is showing his true nature. He has no regard for what this country is about. And he purposefully knows this laughingstock Kagan is another nail driven into the heart of this country.

Posted by: stan_in_usa | May 17, 2010, 7:10 am 7:10 am

This is of course egregious. It shows her disdain for the military, as well as Obama’s, Leahy and so many more Dems (Kerry. If she and Obama et all, do not want military recruiting, they should forfeit their right to the protection by the military.
We can not have someone that opposes our military so vehemently in a lifetime job. We can and must vote the Obama’s, Leahy’s, Kerry’s out, but no way to a lifetime appt to a woman with such poor judgement.
To the guy who spoke about a garage mechanic, you are bigoted against a group, shame on you. I would however take as an affirmative action step, most garage owners over Obama or Kagan, at least they have had real jobs, met pay rolls and understand how to balance a budget and could not be worse that Obama.
Joe the Plumber would be fine, as well.

Posted by: Dennis K | May 17, 2010, 8:00 am 8:00 am

Banning recruiting on campus is neither UnAmerican nor unpatriotic. It was not a protest or statement against the military in general or the wars, but a protest against the discrimanatory policies of the US military. All the military had to do to get on campus was change a stupid and outdated policy. Non-violent protest is about as American and patriotic as it gets. Just because you are on the opposite side of the protesters doesn’t change that. ms. kagan was perfectly within the law and her rights in banning the recruiters from campus. I am not a fan of Ms. Kagan for the USSC, but she is the President’s choice, and the issue debated here is not sufficient reason to deny her a seat.

Posted by: Don Waggoner | May 17, 2010, 8:12 am 8:12 am

“Being liberal is about promoting maximum individual freedom while also promoting maximum individual equal rights and opportunity– in tandem. ”
What a joke this comment is! Liberals don’t promote freedom for individuals, they outline what freedoms they want for everyone by taking freedoms and possessions from others. Individual freedom is not being constrained by anyone. What liberal ever looked to decrease the amount of laws, regulations or controls?
Anyone who thinks liberals truly care about individual freedoms, which would include me eating a cheeseburger with salt and a beer whether it’s good for me or not, hasn’t been paying attention for the last 40 years or more.

Posted by: Tom Genin | May 17, 2010, 8:45 am 8:45 am

Don Waggoner – you are profoundly wrong. Kagan is completely unqualified and she clearly hates the Military, that keeps her Ideologue butt safe. The Military that Liberals so loathe is the greatest force for good known to mankind, besides God himself. The force that has conquered the world, to free it. She hates it but is wrong in her views, which are un-American. Homosexuality is a behavior, like nose picking, its a choice. Go ahead an pick your nose, go ahead and flick, but we non-pick/flickers do not have to accept it and do not have to respect it. America was founded on Judeo-Christian principles, and the Bible clearly states what is right and wrong. FYI: no other “animal” in all creation behaves in this manner either. So we’re so advanced that we prefer the same sex? Its abnormal, and if you think about the act, disgusting. In through the out door? Repulsive. So, her argument is her opinion, and her opinion is wrong. And what is the basis of her opinion? Something someone though was good idea? Some “thinker” who thought this up? Insane.

Posted by: xjug1987 | May 17, 2010, 8:54 am 8:54 am

It was her attacking the policy of ‘Don’t ask. Don’t tell’ by accusing the military of discrimination that goes to her judicial prowess. That policy was not the militarys’ policy it was Bill Clintons’. The Supreme Court said that as Commander-in-Chief he could set policy. The Obama can change that policy if he wants and it appears that he wants it changed and that any soldier that professes anamus against the U.S. is also not to be asked. The Obama can have the military accept murderous homosexuals if he wants. That is the legal point that Kagen doesn’t grasp.

Posted by: Gazinya | May 17, 2010, 8:56 am 8:56 am

progressive mama – Jim Webb was Sec of the Navy under President Reagan, the last great Lion of the 20th Century. Everyone is entitled to one mistake. Jim Webb is a joke and I love how the media covered up his “pranks” during the Senate election. Riding around in a car acting as if he had a gun, while riding through Black neighborhoods. Yea, that’s Klassy, but if he was a Republican… whoa, he’s a racist. But Dem’s get a pass. You know why, because Dem’s like Barry the Pious, Leahy, the Clinton’s, Barney Frank, I could go on with the list of Miserables, they stand for nothing and have no principles. If a Rep did what a Dem did, you’ll never hear the end of it, because Dems have no principles. If Reagan, or either Bush did what Clinton did, that would have been the end, plus they would have had “Shame” whereas Blow hard Bubba won’t ever go away. He’s still sticking his stinky finger out there telling everyone else what to do. What a pathetic excuse for a man, and a marriage. Webb is bum as is Barry, Bubba, Barney and on and on and on….

Posted by: xjug1987 | May 17, 2010, 9:01 am 9:01 am

1) The deficit quadrupled under Obama during the last year;
2) Kagan’s old boss Bill Clinton instituted “Don’t Ask Don’t Tell; and
3) “Liberals” are among the least liberal people around, if you don’t agree with their ideology.

Posted by: ncpg | May 17, 2010, 9:04 am 9:04 am

Reading that the SC needs the elite and those with high IQ’s I can only recall Bill Buckley’s insightful comment – he’d rather take the first 500 names in the phone book and have them represent us then the current crop of politicians.

Posted by: cluelessinky | May 17, 2010, 9:24 am 9:24 am

If a Rep did what a Dem did, you’ll never hear the end of it
———–
Yeah, right. That’s why IOKIYAR is in the urban and free dictionaries, right? Because Dems own that type of the thing/sarc.
Fact remains that there are many Dems who are in the military and/or veterans. Plain and simple.
The Republicans don’t own the military, the founding fathers, the Constitution, nor the American spirit.
The country was founded on liberal ideals and its the liberals and progressives who have pushed the country to continue to live up to them, and to correct course when we’ve messed up.

Posted by: progressive mama | May 17, 2010, 9:25 am 9:25 am

“Being liberal is about promoting maximum individual freedom while also promoting maximum individual equal rights and opportunity– in tandem. ”
What a joke this comment is! Liberals don’t promote freedom for individuals, they outline what freedoms they want for everyone by taking freedoms and possessions from others. Individual freedom is not being constrained by anyone….
———–
You’re confusing liberals with Republicans and neocons, and at the same time admitting that your individual freedom is not being constrained, though you wish you didn’t feel guilty about bad eating habits.
lol.
forehead slap!!

Posted by: progressive mama | May 17, 2010, 9:30 am 9:30 am

How long do you think one gay in a CP tent with forty Marines will last if he openly flaunts his sexual preference and demands that he be treated with respect?

Posted by: bargal | May 17, 2010, 9:32 am 9:32 am

“At this point, the right seems to have settled on their favorite argument to target Elena Kagan. The judicial experience line isn’t going anywhere, and the “defective Constitution” line ends up looking vaguely pro-slavery. What they’re left with is the story about Harvard Law School and military recruiters…
The problem, of course, is that the criticism is factually wrong, a detail her detractors either don’t realize or choose to ignore. Robert Clark, Kagan’s predecessor as the Harvard Law School’s dean, had an op-ed in the Wall Street Journal today setting the record straight.” (Steve Benen)
“Since 1979, the law school has had a policy requiring all employers who wish to use the assistance of the School’s Office of Career Services (OCS) to schedule interviews and recruit students to sign a statement that they do not discriminate on the basis of race, gender, sexual orientation, and so on.
For years, the U.S. military, because of its “don’t ask, don’t tell” policy, was not able to sign such a statement and so did not use OCS…. ” (Robert Clark, WSJ)

Posted by: progressive mama | May 17, 2010, 9:35 am 9:35 am

Kagan is a socialist, who wants to transform our country into a “worker’s paradise” ruled by trade unions.  Without doubt, she would unleash her views from the Supreme Court bench with impunity.
Below is a paragraph from the conclusion of Kagan’s undergraduate thesis lamenting Socialism’s decline:
“The story is a sad but also a chastening one for those who, more than half a century after socialism’s decline, still wish to change America. Radicals have often succumbed to the devastating bane of sectarianism; it is easier, after all, to fight one’s fellows than it is’to battle an entrenched and powerful’ foe. Yet if ‘the history of Local New York shows anything, it is that American radicals cannot afford to become their own worst enemies. In unity lies their only hope.”
American principles do not align with Kagan’s!

Posted by: No hope in socialism | May 17, 2010, 9:52 am 9:52 am

Progreessive MAMA,
Suggest you and the Yale Adminstration and Kagan (who discriminated against the Military) volunteer for the front lines. Perhaps you and they do not want the military to defend you, but you should not have it both ways.
Your comment shows even more her lack of judgement, it also brings into question yours and the Yale Admin, if that is your point, we get that.
But you re-inforce the opinion that she is disqualified.
Finally, if you think we need to treat the military like we Coca Cola, change your name from Progressive MAMA, to Ignorant MAMA.
We can not continue to politicize the military, that is the ruination of us all. You may think Progressive is wearing a Burkha, but you would not be allowed to drive, or get any education if the enemy gets there way.
Based upon your comments your education …? Are you a good driver?

Posted by: Dennis K | May 17, 2010, 9:58 am 9:58 am

Posted by: Dennis K | May 17, 2010 9:58:32 AM
Your post doesn’t make sense but I’ll try to grab a couple of your points– or at least what appear to be points– and respond. I haven’t been in the military, but my father, uncles, high school sweetheart, college boyfriend, best friend since sixth grade, two other close friends, father-in-law, business partner, my husband’s best friend and my brother-in-law all were– and a few still are. One of my very good friends is a former marine, and her husband is former marine, current Army JAG. I also have good friends who are police officers, and know folks who work for Secret Service and FBI.
Perhaps, I should have followed their paths– though I’m not one to second guess and I have a pretty good life. I thought about it in college and it upset my parents very much so I didn’t go that route.
As for Kagan, the military recruitment office tack isn’t going to derail her nomination and it shouldn’t. She wasn’t my choice, btw, but she is the president’s, and she is qualified.

Posted by: progressive mama | May 17, 2010, 10:06 am 10:06 am

On another note, has anyone seen the latest in CRAZY 101– the Texas textbook proposal?
lol.

Posted by: progressive mama | May 17, 2010, 10:08 am 10:08 am

Posted by: No hope in socialism | May 17, 2010 9:52:38 AM
Matthew Yglesias has a good point on the thesis:
“I really have no idea what the probative value of this thesis is supposed to be. I wrote a senior thesis back in 2003 and already by 2010 I don’t think the stuff I argued was right. More generally, if I told you a story about a middle aged woman who used to have some political opinions when she was eighteen but thought different stuff by the age of 50 you’d think I was telling you the most banal story of all time.
…in the Obama era, conservatives have watered the concept of “socialism” down so much that it’s now completely impossible to say who is and isn’t a socialist. By whatever standard Barack Obama is a socialist, then I’m sure Elana Kagan is one too—lots of other people to boot. But the “revelation” that Kagan and Obama have similar political opinions is silly. “

Posted by: progressive mama | May 17, 2010, 10:11 am 10:11 am

Kagan’s office argued before the Supreme Court that the government had the power to ban books. Fortunately, the Supreme Court upheld the Constitution against the latest Obama assault, but who knows what might happen with a dangerous extremist radical like Kagan in power.

Posted by: The Whole Truth | May 17, 2010, 11:14 am 11:14 am

I for one welcome my new Kagan Overlord.
Who needs books when I have an iPad.

Posted by: AnotherVoter | May 17, 2010, 11:23 am 11:23 am

This woman is as much a commie hack as anyone Obama picks. You can always be sure it will be someone who loathes the United States and its values, you can rest assured he’ll pick a degenerate or a reprobate or a thug or a marxist type. We need to get rid of this disaster of a president, 2012 come quickly!

Posted by: Nico | May 17, 2010, 11:32 am 11:32 am

For goodness sakes, lets just make her czar of the supreme court. She is very qualified to rule as she sees fit and wow what an education she is the smartest and brightest justice to be. Now that we have a ruling leader lets just fallow I don’t need to think they know what is good for me and my family.

Posted by: rob | May 17, 2010, 11:34 am 11:34 am

AnotherVoter-
You have an ipad until Obama decides to ban them too. You’ll recall last week he told us that these devices provide us with information that is a “distraction”. Obama also claimed he doesn’t know how to work an ipod, despite disclosing the contents of his own ipod last year, and despite ridiculing McCain in 2008 for the war injuries that prevent him from using e-mail.

Posted by: The Whole Truth | May 17, 2010, 11:51 am 11:51 am

Posted by: The Whole Truth | May 17, 2010 11:14:15 AM
Posted by: AnotherVoter | May 17, 2010 11:23:11 AM
_________
Ah, finally. The water carriers for Mitch McConnell and Fox News sign in.
See Media Matters: “On Fox, Bossie falsely suggests Kagan supports book banning.” Bottom line: “Kagan actually argued that federal campaign finance law likely could not ban books.
Good try though. As Steve Benen puts it, “I continue to appreciate the variety of the GOP attacks. Most of the time, after Republican arguments are debunked, conservative voices just keep repeating them anyway. New bogus arguments don’t improve the discourse, but they do keep the debate from getting stale.”
On another note, in relation to McConnell, what was up with his assertion that we ought to trust BP to pay what it owes. Per Jed Lewison,
“McConnell says he’s concerned that a high cap would discourage companies from drilling offshore. But if they can’t afford to pay for the damage that drilling can cause, why should they drill in the first place?
It’s hard to defend any sort of liability cap on oil companies, let alone a $75 million cap. Why should they be entitled to unlimited profits if they can’t be held accountable for unlimited damage?
… even with the spotlight still on BP, it’s already making moves to limit its exposure. Yet McConnell dishonestly urges us to trust BP’s promise to pay every claim. That’s crazy. The only thing we can really trust is that big oil is going to line Mitch McConnell’s pockets and those of his Republican colleagues.”

Posted by: progressive mama | May 17, 2010, 11:58 am 11:58 am

Kagan may not be neccessarly anti-military. Being a lasbian, she does abject to policies with Congress’s Dont Ask, Don’t Tell rule. Rather than attacking the congress, she went after the military. This is more of a personal level decision. If on the Supreme Court, can she put personnal feeling aside and rule purely on the Constitution? She has demonstrated so far that she cannot, even if it violates the law. She should not be seated…period!

Posted by: jerry | May 17, 2010, 12:08 pm 12:08 pm

in tonight’s episode, the kingfish nominates rosie odonell to the supreme court. calhoun the lawyer wonders why he needs to read an arizona law to know what it says. meanwhile, shaphire worries what to serve mexicans at dinner. stay tuned.

Posted by: reg dwight | May 17, 2010, 12:11 pm 12:11 pm

Ah, finally. The water carriers for Mitch McConnell and Fox News sign in.
See Media Matters: “On Fox, Bossie falsely suggests Kagan supports book banning.” Bottom line: “Kagan actually argued that federal campaign finance law likely could not ban books.<<
Let's see…get facts from Fox News or Media Matters?? Hmmm..tough choice. Get news from a network that lets all sides speak or from a website funded by George Soros that on a daily basis puts things on their websites that weren't actually said.
FYI…Media Matters is WRONG!! Ms. Kagan DID argue before the Supreme Court that the Fed. Govt. DOES have the power to ban books. Of course, if you weren't such an ill informed lefty who has no power to look things up for yourself because you like being told what to think, it doesn't surprise me that you are wrong.

Posted by: Steve | May 17, 2010, 12:15 pm 12:15 pm

The bottom line is that we need our military to be recruited from all segments of society. Banning the military from recruiting in areas populated generally by the higher economic strata of our society has the potential for the military to become more the realm of the lower economic strata. The risk to our Democracy is greater then the “thrill” of making a political statement.

Posted by: Michael45 | May 17, 2010, 12:28 pm 12:28 pm

Posted by: Steve | May 17, 2010 12:15:17 PM
If you don’t like Media Matters, try reading the post on the subject at The Hill.
Personally, I think both Fox News and MTP need to team up with fact check sites as Jake Tapper has.
Anyway…
The water will get heavier to carry, but like I said, I enjoy the range of silly arguments from the Right rather than the parroting of the same debunked message over and over. Its at least a litte less robotic and demented than usual. And you’re doing a great job. It’ll strengthen your biceps!

Posted by: progressive mama | May 17, 2010, 12:38 pm 12:38 pm

I guess its better than if Obama sent Bill Ayers to law school for a few months

Posted by: Karen | May 17, 2010, 12:39 pm 12:39 pm

Why is it when the Dems are caught with their pants down they always try to shoo it off like it was nothing? Hello!!

Posted by: JLC | May 17, 2010, 1:36 pm 1:36 pm

We won’t hear the truth about the well-known Socialist, Mz. Kagan, until, as Botox Nancy said, “after” she’s on the court. It’s just another slap-in-the-face by this WH to the American people. And based on how they voted, they deserve it.

Posted by: Spider | May 17, 2010, 1:36 pm 1:36 pm

What is obama like then kagan is going to be the same,

Posted by: tom | May 17, 2010, 1:40 pm 1:40 pm

Time for electoral review or fixed terms for SCOTUS.
That would prevent rule by fiat.

Posted by: k | May 17, 2010, 1:42 pm 1:42 pm

I think we all live with the consequences of actions we did when we were younger.
Only a fool would think that you aren’t judged by them.
She is a mediocre candidate. She made one big egregious decision with the military on Harvard’s campus. Why should we entrust her with our country?

Posted by: RicoSuave | May 17, 2010, 1:51 pm 1:51 pm

If she is willing to break the law to promote her queer agenda, then it stands to reason she will be interpreting law with the same myopic lens. She is beneath the dignity of the Supreme Court.

Posted by: Moi | May 17, 2010, 1:56 pm 1:56 pm

Obama mama: One good litmus test for determining a Socialist is that person’s advovacy of “redistribution”.
Barry is all over “economic justice” and redistribution of wealth.

Posted by: ncpg | May 17, 2010, 2:18 pm 2:18 pm

I don’t understand. Why can’t you restrict who recruits on campus? Isn’t it a private school? Why do we want the government telling us who can come on campus to recruit?

Posted by: bubalu | May 17, 2010, 2:23 pm 2:23 pm

The continuing reference to communism & socialism etc. really is out of date and seems to me in using these terms lets the real damaging targets fly under the radar
….. try reading some “Post-Modern” political philosophy originating in toxic post Marx/Euro political philosophy that we imported to this country decades ago (think about Duke, Cal Berkley, Yale, etc., etc. where it was cultivated by the intelligensia and lives an active life) and read even, say, Hayek and his “Road to Serfdom” (now 65 years +/- old) that integrates and illustrates the danger discussed ….. if there is name calling at least use something more appropriate and representative like “statism”
PS: …. for all the corporate & MBA types types that regard themselves as “free private enterprizers”, “entrepreneurs”, and “risk takers”, don’t kid yourself and take too seriously most of that crap & attitudes they fed you in B-school ….. for the most past you’re just part of the statist food chain looking for the comfortable life …… maybe you should think about putting your butt on the line and starting your own biz rather than just peddling your sheepskin to the highest bidder

Posted by: bambihupc | May 17, 2010, 2:31 pm 2:31 pm

Guess what?
It matters not what you think about this person.
Or what your “representatives” in Washington think about this person.
It’s a done deal, get used to it (if you haven’t already).

Posted by: Thomas46 | May 17, 2010, 2:39 pm 2:39 pm

Their are many policies in the military people don’t agree with. That does not give them the right to take some action against the organization which is controlled by the president and Congress. Maybe you don’t approve of the fact that carrier planes dump excess fuel into the water before landing. Oh the envio. horror. Or is it the no fraternization between officers and enlisted personnel? Violation of free association under the first amendment. Take it up with the government NOT devise your own punishment and restrictions. Also she took federal funds while rebuking the military. She sure has a sense of self importance and know it allism that a SC appointment will surely feed. Maybe gays living in the military would be as disruptive as a male living in a female college dorm. Maybe yes maybe no but is it wise to experiment with the only army we have? Liberals ALWAYS seem to know better then everyone else. Living in a liberal echo chamber really is the first qualification for an appointment to the SC.

Posted by: GorBud | May 17, 2010, 3:55 pm 3:55 pm

the fact that this is even being debated shows you how far our country has sunk to new lows under this poor excuse of an “administration”

Posted by: maya | May 17, 2010, 4:00 pm 4:00 pm

bubalu – A good question and I thank you for asking it without the snarkiness and sarcasm that’s coming from both sides of this issue.
As I understand it, though not exactly violating the law (in the form of the Soloman Amendment)they’re not exactly keeping within the spirit of it either as Harvard collects around $400 million federal dollars a year but won’t allow the federal government to recruit on it’s campus.
You’re right in that they don’t have to allow ROTC on their private campus. So the ball is in the federal government’s court to cut off grant funding if they don’t; an action which would probably force their hand to lift their ban against ROTC. Interesting to note that neither the previous Republican administration or the current Democratic one has taken that action. Seems that no one wants to pick that fight.
I’m no expert in this area so don’t take what I write as gospel truth.

Posted by: LTJ | May 17, 2010, 4:05 pm 4:05 pm

LOL, when will the Rightie’s get it? Obama won and the ENTIRE Administration is LEFT. Argue all you want fools because whatever Obama wants Obama is gonna get and there isn’t a thing you can do about it at least until 2016! Even in 2016 the laws will have been changed to allow Obama to continue with his Presidency. Obama will continue to place his picks on the Supreme Court which means the left controls the dealing. The Rightie’s can’t do anything about it and even if they could they lack the organization to pull it off! So save your energy and just hug your tree and thump your Bible. The faster you accept the way things are from NOW ON, the better off you will be!

Posted by: bjz | May 17, 2010, 4:09 pm 4:09 pm

Why are you people amazed Obama’s pick views things just like him??? Duh! Did you expect him to pick someone who views things like Bush? LOL Come on now! Obama basically “called out” the Supreme Court during the State of The Union Address so its obvious that they don’t scare him one little bit! Get over it! GAME-SET-MATCH = LEFT

Posted by: bjz | May 17, 2010, 4:22 pm 4:22 pm

Mr Sessions is right- please keep this lib PC nut off the bench. I’m sick of socialism run amok.

Posted by: Betty | May 17, 2010, 4:23 pm 4:23 pm

this woman is dangerous to America. put her back on the softball field so she can absorb a few line drives.

Posted by: rio grande mud | May 17, 2010, 4:50 pm 4:50 pm

The woman has no experience–just like our President.

Posted by: debora.thompso | May 17, 2010, 5:10 pm 5:10 pm

Stand up people! Call and email your senators and tell them we don’t need another social activist on the bench. She is bad for our country!

Posted by: Felix | May 17, 2010, 5:30 pm 5:30 pm

US Supreme Court nominee Elena Kagan excluded military recruiters from Harvard’s career center in her capacity as dean of the Harvard Law School, in protest to the military’s “Don’t ask, don’t tell” policy. Senator Leahy excuses this discrimination because military recruiters were allowed to recruit elsewhere on the campus. That’s like defending racial segregation on the ground that blacks are allowed to eat on the restaurant porch and sit on the back of the bus.
Kagan’s actions are even more hypocritical. The “Don’t ask; don’t tell” policy was initiated by President Clinton immediately after he took office in 1993. Elena Kagan accepted an appointment to work for President Clinton as an associate White House Counsel in 1995, with no apparent qualm. For her to then go on to the leadership of Harvard Law School and use that position as an attack point against the United States military is hypocritical to the point of absurdity.

Posted by: Joel | May 17, 2010, 6:04 pm 6:04 pm

Bush admin. War Crimes are no little-bitty matter either. Why isn’t Senator Sessions willing to investigate that.

Posted by: Proud | May 17, 2010, 6:20 pm 6:20 pm

It’s time for Americans to take back our country from the Progressive Socialists.

Posted by: Steve | May 17, 2010, 6:26 pm 6:26 pm

The moral relativist lefties like Kagan, use the law only when it fits their agenda. More often than not, they simply IGNORE laws. Drug laws, the draft, and immigration laws are obvious examples of the left’s position to ignore the law in favor of their own prejudiced and self-centered positions. Kagan did the same with the recruiter issue at Harvard, which the SCOTUS struck down 8 to 0. On the other hand, they utilize the law when it constrains their opposition or solidifies their agenda. Kagan’s position on government censorship of books and pamphlets in the Citizens United case that she lost before the Supreme Court, hardly shows her objectivity when it comes to freedom of speech. This nominee is inexperienced, misguided, and a dangerous lefty ideologue who, if confirmed would swing the court further to the left for perhaps 30 years. Write your Republican Senators to Fight this nomination through filibuster.

Posted by: NCMike | May 17, 2010, 8:10 pm 8:10 pm

This debate is useless. The POTUS get to appoint members of the USSC, the Senate gets to advise and consent. Voters get to select US Senators. If you voted for a like minded Senator than what are you worried about? He/She will vote the way you think he should, if not –O Well. It’s the American way.

Posted by: Stan | May 17, 2010, 10:15 pm 10:15 pm

Where was it Elena Kagan’s place to prohibit the military from being on campus at Harvard? Did she ever give thought that there might be some students who would like to talk to the various branches? She kept them off because of her elitist mentality that the members of the military are inferior to her socio economic class, therefore have no right to be on a college campus. I hope no Republican votes to confirm this woman.

Posted by: NotFondOfLibs | May 17, 2010, 11:41 pm 11:41 pm

Preventing recruiters on campus is unpatriotic and endangers the security of the country. One can not be considered a responsible citizen when interfering with our country’s security, let along be allowed is such a critical and responsible position as the Supreme Court.

Posted by: Charles C Whiteaker | May 17, 2010, 11:50 pm 11:50 pm

bubalu,
The government did not tell Harvard to allow military recruiting. They said that if Harvard did not allow the recruiting, the government would with-hold money it gives to Harvard ($400 million) per year. Harvard wanted the money.

Posted by: Pyeatte | May 18, 2010, 12:40 am 12:40 am

Furthermore, any university that has benefited so much over the centuries, has been associated with power and privilege… if they don’t allow military recruiters, well they show their real colors – dirty yellow.
Second, they knew the don’t ask don’t tell policy was set by Congress, not the Pentagon. If these great Harvard lawyers cannot figure that out…losers all.

Posted by: Pyeatte | May 18, 2010, 1:02 am 1:02 am

Kagan is of no small detail. She is an Obama friend close to his philosophy. A remanint of his administration which would be a thron in the American flesh for many years after his lwaving.

Posted by: John Smith | May 18, 2010, 7:22 am 7:22 am

The Left and the Dems constantly bash Palin for having not enough “experience” well they sure don’t seem to be bothered by Kagan. Kagan for all her time as a lawyer has very little time in a court room and she has no time as a judge. Teaching or running a school is not the same as laying down rulings that will affect the nation. Further her Goldman-Sachs work doesn’t lead to anything good.

Posted by: Jeff G | May 18, 2010, 7:49 am 7:49 am

The comments on this site are a testimony to the ignorance of people who follow ABC news and, therefore, reflects on the quality of ABC news itself. Kagan did not kick the military off the campus. She continued an existing policy that due to state law prevents any organization that discriminates (Don’t ask, don’t tell) from using the Career center to recruit. The military was allowed to continue to actively recruit on campas from Harvard Law School Veterans Association. In fact recruitment on campus increased under Kagan’s tenure. When the Supreme Court overturned that law, she allowed recruitment in the Career center. She did not break the law and, in fact, abided by the decisions of the court.
It’s deplorable that this reporter is writing in such a way that emphasizes the propaganda of republicans who wish to prevent her nomination. It’s also deplorable that legislators are allowed to so blatantly misrepresent the facts to the American people.

Posted by: Bashia | May 18, 2010, 8:51 am 8:51 am

McConnell is perhaps the biggest moral relativist in Congress and has been for some time, even outshining Hatch who at least shows some modicum of decency although it may be heavily colored by callous self righteousness.
It sticks out like a sore thumb now that Delay and some others are gone.

Posted by: Pat | January 6, 2011, 10:51 am 10:51 am

Leave a Reply

Do you have more information about this topic? If so, please click here to contact the editors of ABC News.