It seems that the closer Elena Kagan gets to being confirmed to the Supreme Court, the weaker the Right’s case for opposing her becomes and, as such, the more desperate their campaign becomes.
While Phyllis Schlafly is warning that Kagan is part of President Obama’s plan to “break free from our Constitution” and “fundamentally transform America,” others, like Robert Knight, are going completely off the rails:
As we watch in disbelief, the United States Senate is about to take the Fifth on a Supreme Court nominee who has no business being near a courtroom except as a defendant.
The word from Capitol Hill is that the GOP won’t even bother with a filibuster despite evidence from Elena Kagan’s Judiciary Committee hearing that she falsified evidence used in a Supreme Court case and committed what might be perjury before that committee.
One wonders what it would take for the Senate to deny this nomination? A daytime bank robbery, guns drawn? No, that could be chalked up to youthful exuberance or perhaps research in pursuit of insight into the criminal mind. When the Gang of 14 Democrats and Republicans agreed to clear the path for some Bush Administration nominees, that arrogant group’s presumption was that a president is entitled to his pick unless there are “exceptional circumstances.”
If Elena Kagan’s malfeasance does not fit “exceptional circumstances,” the term has no meaning.
For the record, the phrase used by the Gang of 14 was “extraordinary circumstances,” not “exceptional circumstances.”
But Knight has nothing on the Family Research Council, which appears to be on the verge of losing its mind at the prospect of seeing Kagan on the Supreme Court:
In all of American history, only 111 justices have had the privilege of serving on the U.S. Supreme Court. By the end of this week, members of the Senate will have made their decision on the 112th. If it is Elena Kagan, the President’s controversial Solicitor General, she will most likely join this elite club with the third fewest confirmation votes of any nominee in history. Outside the Beltway, she is unpopular even with everyday Americans, who are “more convinced than ever” that she is an ideological liberal one goal: to supplant the Constitution with a permanent Obama agenda. “It is all but certain,” Sen. Jeff Sessions (R-Ala.) said, “that, if confirmed, Ms. Kagan will bring to the [Court] a progressive activist judicial philosophy which holds that unelected judges are empowered to set national policy from the bench.” Her entire career–from the Clinton administration to Harvard Law School and the Solicitor General’s office–is marred by a trail of unprincipled decisions.
Whether it was rewriting a medical group’s opinion to promote infanticide or intentionally fixing a case to sink marriage, Kagan has proven that she will always ignore the law if it conflicts with her ultra-Left philosophy (or career goals). She may have zero experience as a judge, but the White House believes that she has plenty where it matters most: in years of pro-abortion, anti-American activism. Like the liberals in Congress, she is on the wrong side of the American people (and the Constitution) on every value we hold dear: the promise of new life, the stability of the family, the valor of our troops, the power of faith, and the significance of speech.