Kagan Gets Roasted.

If she gets confirmed, there will be three women from the airy, ultra-liberal confines of New York City on the court.

Is that representative of America? I thought that was what they were after. But no, we get people from the most out of step, isolated, parochial place in the universe. I know; I lived there for eight years. I have never met a more quixotically entrenched set of people who insisted that everyone think the same. They were blown away that I had other views, would defend them, and usually won. (I think they were secretly envious of my freedom).

I was told I could not read the New York Post, that it made me seem stupid. Just to be seen with the paper in my hand. I read it anyway.

You don’t become an intellectual in New York. You become an ideologue. New York can be a great city, a fun city. But let’s not kid ourselves that it is the home to great intellectual ferment. It is not. It is stultifying.

I listened to Kagan argue in Citizens United yesterday. She really blew it by opening up with a nakedly political point, which the Justices criticized later as a “sound bite”. She said that the court had let the law in question stand for 100 yeears. Immediately Justice Scalia jumped on her, saying basically that was a preposterous thing to say, since the court relies on a case being brought to it before it can act, and since no case was brought, the Supreme Court had not acted until now. You don’t go into the Supreme court spouting Democratic party talking points that are easily rebutted; the Justices get angry.

Yet that is what she did. What followed was  a systematic destruction by the Justices of most of her argument. At one point the Chief Justice asked incredibly “Are you now reversing the point you made in your brief about MCFL?” (an earlier case). It looked like she had not carefully considered each of her arguments for consistency. Like most liberals, tightness and logical integity does not crown her arguments.

But, she appeared good on her feet. She answered each of the Judges questions calmly and with an air of confidence. The problem is that this is how it would look to an outside party, but to the judges, her answers were paltry and inneffective. She seemed like she was competent, but she was not.

She will be eaten alive by the other Justices for at least two years.


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