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Republican Senators Must Filibuster Elena Kagan

By: Erick Erickson (Diary)  |  July 19th, 2010 at 10:53 AM  | 

RESIZE: AAA

I’ve got the top story at Human Events today and call on Republians to filibuster.

Americans have now learned about the extreme views of Solicitor General Elena Kagan, President Obama’s nominee to the Supreme Court. 

Kagan’s testimony before the Senate Judiciary Committee contained much clear evidence of her expansive view of federal power and her lack of respect for the 2nd Amendment.  Kagan’s views on the Commerce Clause and Americans’ right to “keep and bear arms” make her unfit to serve on the Supreme Court.

Senators should filibuster her nomination to stop her sitting on the highest court in the land.

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COMMENTS

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  • fpete13527
  • RealQuiet

    I mentioned this as a response to Obama using recess appointments to endaround the Senate a few weeks back. With the appointment of Goodwin to fill Byrd’s seat, Reid wants to get cap and trade, unemployment benefits, and pass appropriations bills that use the threat of not funding the military as blackmail. Pathetic these lot of Democrats.

  • renny

    Call the Senate Reps. and encourage filibuster. They can stop her. And they should sen a message that o should not send inexperienced incompetents to serve anywhere in any capacity.

  • jubalearly

    Hey, Erick. I remember reading RedState back in the day when the banner read “Confirm Them” whether it was Roberts, Miers, or Alito. You were outraged that Democrats would deny President Bush an up or down vote on his nominees.

    What changed?

  • susanwalkin

    Repub Senator’s need to grow some, or something

  • redneck_hippie

    failure in this will indicate what we can expect from you after November. We conservatives, like elephants, have long memories.

  • tominkorea

    A little thing called basic qualifications and respect for the US Constitution that every SCJ should hold.

  • redneck_hippie

    (h/t Instapundit)

    http://pajamasmedia.com/eddriscoll/2010/07/16/the-ancien-regime-isnt-going-out-without-a-fight/

  • http://www.hakubi.us/ Neil Stevens

    You don’t even have your facts straight, moron.

  • deano64

    for a Filibuster. I’d like to be proven wrong but I expect the usual RINOS to break ranks. Most likely Snow, Collins, Brown and throw in Lindsay Grahmnesty for good measure.

  • The_Gadfly

    The official line should be that Kagan’s responses at the hearing raise more questions than answers. As such, there need to be further hearings to clarify her previous responses. Meanwhile, the research teams should be combing through the answers and prepping the questions lists to highlight the contradictions in her testimony and seek clarification about those contradictions. The filibuster itself should only be invoked because of the unanswered questions from the previous hearing.

    Given her obvious judicial philosophy, the only thing that can come out of the new hearings will be more contradictions until at some point even with 59 Dems in the Senate, the public is so fed up with Kagan that they can’t get passage on a simple majority vote.

    What I’m looking for here is Data’s “I took your advice. I did not play to win, I played to ‘bust him up.’” strategy from Next Gen.

  • redelephant86

    Other than Sessions, DeMint, and Coburn, I just don’t see any other GOP senators with enough spine to even threaten a filibuster, much less carry one out.

  • E Pluribus Unum

    OK look. We got the memo on Graham and the RINO sisters. So stop it, pick up a weapon, and fight. If we never try, we will never win. If we just lay down, likeMcConnell would usually have us do, and only 20 vote against cloture, there is no stopping the next odious nominee. It means the party has no spine whatsoever.

    But, let’s say we get 37 against cloture, with only those 4 idiots swinging the other way. That is failure, but that also says Republicans are very, very close. It also means we can lean on 4 people, take them behind the woodshed and beat the pants off them, and maybe we get some cooperation on the next issue, the next candidate. It certainly means that after Jan3 of next year, when we add 7-10 Republican senators, that is the end of any nominees like Kagan.

    Why not fight it as hard as you can, instead of sitting back and saying “ah, what’s the use. We can’t win anyway.” We force them to defend every piece of territory. We put them on notice. We cause them to spend resources and political capital.

  • E Pluribus Unum

    OK look. We got the memo on Graham and the RINO sisters. So stop it, pick up a weapon, and fight. If we never try, we will never win. If we just lay down, likeMcConnell would usually have us do, and only 20 vote against cloture, there is no stopping the next odious nominee. It means the party has no spine whatsoever.

    But, let’s say we get 37 against cloture, with only those 4 idiots swinging the other way. That is failure, but that also says Republicans are very, very close. It also means we can lean on 4 people, take them behind the woodshed and beat the pants off them, and maybe we get some cooperation on the next issue, the next candidate. It certainly means that after Jan3 of next year, when we add 7-10 Republican senators, that is the end of any nominees like Kagan.

    Why not fight it as hard as you can, instead of sitting back and saying “ah, what’s the use. We can’t win anyway.” We force them to defend every piece of territory. We put them on notice. We cause them to spend resources and political capital.

  • jisaacconnett

    The Republicans with gonads should announce and then start a real filibuster. That would force the northeastern he-she coalition to openly vote against their own colleagues or grow some gumption and support the filibuster. I doubt the Rebublicrats would all join the effort, but they would be forced to show their hands so we can punish them when they are up for election.

  • deano64

    I didn’t mean we shouldn’t fight. We should always fight ot keep a radical away from the Supreme Court. I fought like hell against financial deform (letters, phone calls and emails-the whole 9 yards) and didn’t win but I understand we must continue to fight for what is right knowing we will win some and lose some.

  • The_Rebel

    we should ensure that Senators such as the Maine twins, Brown, and Graham are not given top leadership posts, let alone ranking positions on any major committees. It’s time to get rid of tenure. One’s value to the party as evidenced by all of their votes should be the overriding factor in committee assignments. Unless this process changes, expect more of the same after November.

    I know I’m probably just whistling Dixie.

  • The_Rebel

    we should ensure that Senators such as the Maine twins, Brown, and Graham are not given top leadership posts, let alone ranking positions on any major committees. It’s time to get rid of tenure. One’s value to the party as evidenced by all of their votes should be the overriding factor in committee assignments. Unless this process changes, expect more of the same after November.

    I know I’m probably just whistling Dixie.

  • tngal

    softballs were thrown. If a real substantive question were asked, warranting a clear and complete answer, she dodged. Then she’d get another whiffle ball in her direction.

    In all fairness, it hasn’t just been Kagen. the last one or two went ‘safe’ and general in their answers but at least with them you had previous decisions and writings to base your opinion on. We’ve got more on her now to be sure than when she was first mentioned. Oddly, none if it is good.

    Guess we should be grateful he couldn’t make it a recess appointment.

  • jurispudens

    Might check the spelling there…

    Otherwise, good job EE!!!

  • takemccain2

    because they are gutless and never follow through on a threat. What a bunch of spineless wonders is the Senate GOP.

    Spineless… Wonders….

  • izoneguy

    Kagan Says She?ll Hear Health Care Lawsuit

    http://liveshots.blogs.foxnews.com/2010/07/19/kagan-says-shell-hear-health-care-lawsuit/

    In a final bit of written testimony before the Senate Judiciary Committee votes on her nomination Tuesday, Elena Kagan indicates that she will not step aside from a case challenging the controversial health care law if she’s confirmed to a seat on the Supreme Court.

    ——————————————————————————————–

    Well there you go – if there was ever a reason for a filibuster – this is it.

  • E Pluribus Unum

    I’m just keeping that message going. I want to keep pressure on, keep attacking, keep making them defend turf instead of taking new turf, and so on.

  • texdem

    What happened to the Republican contention that judicial appointments should not be filibustered?

    And I say this as a Democrat who was opposed to the fight back around 2006 or so. Presidents should be allowed to make appointments. You guys got Roberts and Alito. We will take Kagan.

  • The_Gadfly

    she managed to get herself in trouble. Specifically, there are still contradictions in her testimony. Therefore it is reasonable to call her back to clarify those contradictions. The catch is, she can’t; because she isn’t working from a fully developed and rational legal perspective, she is working from a gut instinct of what she feels is right. You keep probing those contradictions until she either quits or gets caught giving false testimony to Congress. She’s got no way out. The Dems can try to stonewall the questioning, but that won’t play so well with the public.

  • The_Gadfly

    We said judicial appointments shouldn’t be filibustered for partisan political reasons, not reasonable questions about fitness for office.

    Oh, and I’m all for breaking the filibuster of judicial appointments. So go ahead, make my day: rewrite the filibuster rules so you can get Kagan. I know the Republicans don’t have the stones to do it, but your guys just might have the hubris.