Audio: Supreme Court toys with Kagan during “Citizens United” oral argument

posted at 8:40 pm on June 28, 2010 by Allahpundit

Naked Emperor News is touting this one with the breathless headline, “Kagan: It’s Fine if The Law Bans Books Because Government Won’t Really Enforce It,” but insofar as that suggests this is her personal view of the FEC’s power, it’s not quite fair. She’s the Solicitor General, and as such, she’s duty bound to defend whatever crappy law they toss in front of her with whatever crappy argument she can come up with. And this one’s plenty crappy, as you’re about to see. Even that’s not that big of a deal — good lawyers can get cornered during oral argument with judges as sharp as the Supremes — but Kagan’s performance in “Citizens United” was noted months ago as especially poor in a variety of ways. Ed wrote a post back in May about a basic factual error she made right at the beginning of the hearing. Politico chipped in around the same time with a review of a key strategic blunder:

Patch said Kagan hurt the cause of campaign finance regulation in Citizens United by deviating from the central argument in the Austin case – that immense corporate spending could disproportionately shape and distort voters’ opinions on elections.

Instead, Kagan argued that corporate-funded ads could corrupt the politicians benefitting from them and violate the will of shareholders whose money might be spent on them.

“That was a tactical error that was beneficial to people like us who think that campaign finance regulations are too burdensome,” said Patch…

Kagan’s abandoning the holding in Austin that corporate ad spending distorts public opinion “gave an opening (which Chief Justice Roberts took) to further denigrate the rationale by saying: Look, even the government has abandoned it,” said Rick Hasen, a professor at Los Angeles’s Loyola Law School who specializes in election law and usually favors restrictions on campaign spending.

Kagan’s views of free speech are bound to come up tomorrow, if only because of one fateful line in a brief she signed, but there’s some reason to think her views on this subject might be closer to the conservatives than to the liberals. In any event, consider the clip a reminder that a president doesn’t necessarily pick the best person for the job, just the best person who can be easily confirmed. And she will, almost certainly, be easily confirmed. Exit question: Wasn’t one of the big Democratic arguments in favor of Kagan the fact that she’d be able to sway swing votes like Kennedy’s through the sheer force of her intellect and persuasive ability?

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Kevin James doesn’t have time to sit with the court does he?

Inanemergencydial on June 28, 2010 at 8:42 PM

Sorry ..I dozed off reading this thread.

Electrongod on June 28, 2010 at 8:42 PM

A wise lesbino.

txag92 on June 28, 2010 at 8:44 PM

Sure, it never is the lawyers case … but who buys that.

She is anti-American and should be Borked.

tarpon on June 28, 2010 at 8:45 PM

Kevin James doesn’t have time to sit with the court does he?

Inanemergencydial on June 28, 2010 at 8:42 PM

Stop insulting Kevin James, he is a decent actor.

Holger on June 28, 2010 at 8:45 PM

Please for the love of god stop posting pictures of Elena Kagan. The horror….. The Horror….

I swear to God that woman is the horrible result of an evil eugenics program that mixed the worst DNA from both Jimmy Durante and John Lovitz.

vinceautmorire on June 28, 2010 at 8:45 PM

Wow… am I unimpressed by her. She sounded like a recent law school graduate making her first argument before a judge. Oh wait a minute, although she’s not a recent graduate, that WAS her first time arguing before a judge.

ProfessorMiao on June 28, 2010 at 8:47 PM

She is anti-American and should be Borked.

tarpon on June 28, 2010 at 8:45 PM

She needs a good Borking.

Holger on June 28, 2010 at 8:48 PM

A wise lesbino.

Lock thread.

rickyricardo on June 28, 2010 at 8:48 PM

Please for the love of god stop posting pictures of Elena Kagan. The horror….. The Horror….

I swear to God that woman is the horrible result of an evil eugenics program that mixed the worst DNA from both Jimmy Durante and John Lovitz.

vinceautmorire on June 28, 2010 at 8:45 PM

I was going to write something, but I’m too busy laughing… My side hurts…

Khun Joe on June 28, 2010 at 8:48 PM

Wow… am I unimpressed by her. She sounded like a recent law school graduate making her first argument before a judge. Oh wait a minute, although she’s not a recent graduate, that WAS her first time arguing before a judge.

ProfessorMiao on June 28, 2010 at 8:47 PM

crr6? Just sayin’.

Electrongod on June 28, 2010 at 8:51 PM

Well, at least she’s on par with Obama.

boomer on June 28, 2010 at 8:51 PM

Another robotic liberal. She is making all these calculated statements to disguise how flipping liberal she is. It’s all a show. I hope the republicans drag her and her family thru the mud.

Bill Clinton politics of personal destruction style.

Inanemergencydial on June 28, 2010 at 8:53 PM

Elena Kagan is a Social Justice Activist,
mirroring Obama!!

She needs to be Torpedoed!!

canopfor on June 28, 2010 at 8:55 PM

She’s the Solicitor General, and as such, she’s duty bound to defend whatever crappy law they toss in front of her with whatever crappy argument she can come up with.

Fine. Then she reaps the crappy consequences.

Weight of Glory on June 28, 2010 at 8:55 PM

Lol Justice Blart.

Denverslim on June 28, 2010 at 8:55 PM

But corporations don’t have the First Amendment right to publish books.

Rights only applies to individuals.

Just wait…..

SteveMG on June 28, 2010 at 8:56 PM

I’m getting sick of hearing, “Well she’s left-wing in all these issues but she’s more conservative on this issue, so she may be ok.”

Are you freaking kidding me?! This women is a far-left kook! If she gets through, our freedom is in very deep trouble.

indy8 on June 28, 2010 at 8:56 PM

I hear she is the love child of Dick Morris, Rachel Maddow and a pearl necklace.
http://www.humanevents.com/article.php?id=36970

ctmom on June 28, 2010 at 8:56 PM

Helium is envious of her.

profitsbeard on June 28, 2010 at 8:59 PM

This is a Law Site pushing for Kagan!
=======================================
Solicitor General Elena Kagan’s nomination to the United States Supreme Court brings into focus the importance of the nation’s judicial branch on the lives of LGBT people and those with HIV. See Lambda Legal’s memo on the principles of a fair judiciary and learn more about our Fair Courts Project.
=====================

http://www.lambdalegal.org/

canopfor on June 28, 2010 at 8:59 PM

This hearing is going to be nothing but an attack on the Roberts court…I hope the Conservatives take the damn gloves off.

d1carter on June 28, 2010 at 9:00 PM

I am of the opinion we are living in an alternate universe that resembles closely the cartoon Pinky and the Brain.

Holger on June 28, 2010 at 9:01 PM

She needs a good Borking.

Holger on June 28, 2010 at 8:48 PM

Yeah? Who’s gonna volunteer for that duty???

Gahh!!!!

BigWyo on June 28, 2010 at 9:02 PM

9750 Words on Elena Kagan
More than you ever wanted to know

Tom Goldstein | Saturday, May 8th, 2010 1:00 am

http://www.scotusblog.com/2010/05/9750-words-on-elena-kagan/
=============================

Kagan Issue Briefing | Gun rights

http://www.scotusblog.com/

canopfor on June 28, 2010 at 9:03 PM

So,its official,today is release the Krackin,
er, Kagan!!!!!!!!!!!!!!!!

canopfor on June 28, 2010 at 9:04 PM

Scalia is the man.

RobCon on June 28, 2010 at 9:05 PM

Yeah? Who’s gonna volunteer for that duty???

Gahh!!!!

BigWyo on June 28, 2010 at 9:02 PM

Regis Philbin?

Holger on June 28, 2010 at 9:06 PM

She needs a good Borking.

Holger on June 28, 2010 at 8:48 PM
Yeah? Who’s gonna volunteer for that duty???

Gahh!!!!

BigWyo on June 28, 2010 at 9:02 PM

I think Holger just did.

txag92 on June 28, 2010 at 9:06 PM

I think Holger just did.

txag92 on June 28, 2010 at 9:06 PM

I vote for Regis Philbin.

Holger on June 28, 2010 at 9:07 PM

She needs a good Borking.

Holger on June 28, 2010 at 8:48 PM

It’d be the best she ever had.

smellthecoffee on June 28, 2010 at 9:08 PM

Elana Kagan was editor of the Daily Pricetonian,
back in 1981,here is all her works,for that period!!
===================================================

http://www.dailyprincetonian.com/section/elenakagan/

canopfor on June 28, 2010 at 9:10 PM

I guess being appointed as Dean of Harvard Law after working for Clinton is her ticket to ride. What has she actually accomplished in her life? Has it dawned on everybody that she and Obama are amazingly similar in this regard?

Drained Brain on June 28, 2010 at 9:11 PM

From the Clinton Library!
===============================
Bruce Reed Collection – Elena Kagan

http://www.clintonlibrary.gov/textual-Kagan-BruceReed.htm

canopfor on June 28, 2010 at 9:13 PM

I vote for Regis Philbin.

Holger on June 28, 2010 at 9:07 PM

Wimp. LOL!

txag92 on June 28, 2010 at 9:14 PM

I can’t imagine this woman could ever persuade anyone. Isn’t it possible she is better than any other Obama nominee would be? They’re all going to be abysmal–I want to go with the one who will do the least damage. She’ll vote wrong, but she probably won’t convince anyone to vote with her.

DrMagnolias on June 28, 2010 at 9:15 PM

Remember all the other stellar Obama appointees.

Van Jones, et al.

Inanemergencydial on June 28, 2010 at 9:17 PM

Wimp. LOL!

txag92 on June 28, 2010 at 9:14 PM

There is a lot I will take for the team, but not that.

Holger on June 28, 2010 at 9:17 PM

I think it’s cute that so many important people are pretending any of this matters. She’s a woman, likely a homosexual woman (but you’ll have to wait just a little longer for that), with ties to the University of Chicago and Harvard. Quota met, diversity portrayed for cameras, documentable “first” something-or-other for history books achieved, connections intact.

rogerb on June 28, 2010 at 9:19 PM

She has the logic of CRR

CWforFreedom on June 28, 2010 at 9:19 PM

Remember all the other stellar Obama appointees.

Van Jones, et al.

Inanemergencydial on June 28, 2010 at 9:17 PM

Inanemergencydial:Yes,most excellent observation,they
all think,just like Obama!!:)

canopfor on June 28, 2010 at 9:21 PM

Inanemergencydial:Yes,most excellent observation,they
all think,just like Obama!!:)

canopfor on June 28, 2010 at 9:21 PM

And just as disposable.

Electrongod on June 28, 2010 at 9:24 PM

There is a lot I will take for the team, but not that.

Holger on June 28, 2010 at 9:17 PM

Holger: I’m putting your name in for the Hot Air
Medal For Restraint,haha!!:)

canopfor on June 28, 2010 at 9:24 PM

canopfor on June 28, 2010 at 9:21 PM
==========
And just as disposable.

Electrongod on June 28, 2010 at 9:24 PM

Electrongod: True dat!!:)

canopfor on June 28, 2010 at 9:25 PM

canopfor on June 28, 2010 at 9:24 PM

Restraint? Restraint implies you want to do something.

Give me an award for Yellow Bellied Cowardice!

Holger on June 28, 2010 at 9:25 PM

Conclusion — The Senate will not find enough bad stuff on her to keep from peeling off a couple of Republican Senators. The Dems will vote en bloc and she will be confirmed. She will promulgate idiotic liberal crap from the bench for the next 30 years.

Just cutting through 3 weeks of blog posts here.

GnuBreed on June 28, 2010 at 9:25 PM

And just as disposable.

Electrongod on June 28, 2010 at 9:24 PM

Exactly…all these groupthink marxists line up like ducks. Disposable ideologue robots.

Inanemergencydial on June 28, 2010 at 9:26 PM

Maybe if she gets to on the Supreme Court they will make Crime against the Law or the Law against”” errr forget it ….

wheels on June 28, 2010 at 9:27 PM

Kagan’s views of free speech are bound to come up tomorrow, if only because of one fateful line in a brief she signed, but there’s some reason to think her views on this subject might be closer to the conservatives than to the liberals.

You’re kidding right? She’s as far left as it get’s, on any issue you can dream of. That is how she’ll vote. This is all a kabuki to get through the confirmation…which we all know she will do. And then we’ll be dumbfounded at how far left she really is. Well, not all of us…

AUINSC on June 28, 2010 at 9:27 PM

Just cutting through 3 weeks of blog posts here.

GnuBreed on June 28, 2010 at 9:25 PM

I am afraid you’re right here. Just that she was asked the tough questions that Obama was not asked during the campaign.
If these questions were asked of Obama, I think the outcome would still be the same.

Electrongod on June 28, 2010 at 9:29 PM

News months ago, but only news junkies were paying attention. Disregarding the probability that only news junkies are paying attention even now, it’s something to have fun with. I’ve noticed my local paper’s online version still hasn’t decided what crappy AP article to use about today’s Kagan event. And considering the fact that one of the editors tried to convince me that Palin banned books, it’s a bit of karma.

Connie on June 28, 2010 at 9:33 PM

The Kagan appointment is payback to the court from Obama for the Citizens United decision.

fossten on June 28, 2010 at 9:33 PM

O.K., Republicans, tomorrow is your chance to show some true grit. Please, don’t disappoint us.

mobydutch on June 28, 2010 at 9:59 PM

Fine. Then she reaps the crappy consequences.

Weight of Glory on June 28, 2010 at 8:55 PM

And in this case the crappy consequences is a seat on SCOTUS. Crappy for whom?

Cindy Munford on June 28, 2010 at 10:00 PM

mobydutch on June 28, 2010 at 9:59 PM

Darlin, please! You have a better chance of winning the lottery.

Cindy Munford on June 28, 2010 at 10:01 PM

mobydutch on June 28, 2010 at 9:59 PM
Darlin, please! You have a better chance of winning the lottery.

Cindy Munford on June 28, 2010 at 10:01 PM
Yes, you are right.

mobydutch on June 28, 2010 at 10:03 PM

I remembered the story about Citizens United but I didn’t put it together. So she’s the book burner? Just kidding! Sounds like she’s in for some fun times.

Cindy Munford on June 28, 2010 at 10:08 PM

Kagan at hearing today: “I will listen really hard and work really hard.”

Is she for real? We know she’s an unqualified commie, but now we find out she has the maturity and communication skills of a sixth grader in vying for the highest judiciary appointment in the nation.

tigerlily on June 28, 2010 at 10:15 PM

canopfor on June 28, 2010 at 9:24 PM
========================
Restraint? Restraint implies you want to do something.

Give me an award for Yellow Bellied Cowardice!

Holger on June 28, 2010 at 9:25 PM

Holger:Alrighty,the USS Hot Air Medal For Non-Bravery
in the face of…….hahaha!:)

canopfor on June 28, 2010 at 10:24 PM

Senators Poised to Confirm Dictator for Life with Little Dictator Experience

Mervis Winter on June 28, 2010 at 10:09 PM

Mervis Winter: Cute,btw,love your links!!:)

canopfor on June 28, 2010 at 10:25 PM

She’s the Solicitor General, and as such, she’s duty bound to defend whatever crappy law they toss in front of her She’s “duty bound” only if she wants to keep her job. She always has the option of resigning, but of course we are talking about a D.C. power player.

Paul Revere_1 on June 28, 2010 at 10:35 PM

I can rarely understand the legal banter of the Supremes, although this one isn’t too complex. Usually, it’s just over my head. But in the purely political sense, isn’t the 5 – 4 split of this court and the resulting diametric opposition of some of the opinions leading to what should be easier confirmation of bad judges?

There doesn’t seem to be any issue which disqualifies a judge any more, except raw political power (see “Bork”). Case in point – the SCOTUS is essentially laughing at Kagan’s idiotic argument in this case, and yet AP is certain that this is a slam-dunk confirmation. If the GOP side doesn’t care what Scalia, Alito, and Roberts think about this lawyer, then what the hell do they care about?

Jaibones on June 28, 2010 at 10:53 PM

I was watching some of the senate hearings today and I kept expecting Jon Lovitz to pull the wig off and say, “Live from New York….” Is it just me?

joedoe on June 28, 2010 at 10:54 PM

I don’t think logic will work with Liberals.

What does work?

scotash on June 28, 2010 at 11:17 PM

This audio highlights the central paradox of liberals. They claim on the one hand that Conservatives overreach and want to invade every part of our life. But at the same time, it’s liberals who are constantly expanding the role of government, based on two ideas. First, that government makes better choices than individuals. Second, that government will always be used benevolently.

Kagan clearly has no thought in this instance that a less than gentle person could ever wield the power of the FEC to ban books that they found objectionable. But that sort of abuse of laws is EXACTLY what the Founders were concerned about, and those sorts of overreaches happen every day lately. Who, ten years ago, would’ve thought that the CEO of GM would be fired by the President?

hawksruleva on June 28, 2010 at 11:31 PM

What does work?

scotash on June 28, 2010 at 11:17 PM

Blunt Force Trauma.

Holger on June 28, 2010 at 11:59 PM

She is anti-American and should be Borked.

tarpon on June 28, 2010 at 8:45 PM

Truly, that is the case.

But it’s because of that case that the Left will confirm her.

Truth.

Lourdes on June 29, 2010 at 12:03 AM

Forget her legal skills. Let’s focus on what is really important here: does she trade fur or not?

Metro on June 29, 2010 at 12:04 AM

just to change the subject a little bit… but has anyone noticed how absolutley troglike the dem female specie looks compared to the totally foxlike qualities of the conservative women.. I also notice that the dem female specie is really spectacularly stupid and well dim.. while the conservative women are sharp as tacks and sparkley.. what the hell are the dem females eating or drinking or whatever..

hogtrashhd on June 29, 2010 at 12:06 AM

Well, that didn’t link.

Here, Jon Lovitz in THE PEOPLE’S COURT.

Lourdes on June 29, 2010 at 12:06 AM

If you know you’re gonna get a leftist to replace a leftist, better for it to be a hobbit than a wizard.

warden on June 29, 2010 at 12:12 AM

O.K., Republicans, tomorrow is your chance to show some true grit. Please, don’t disappoint us.

mobydutch on June 28, 2010 at 9:59 PM

Our biggest liability are the Maine Twins: Susan Collins and Olympia Snowe. Along with Lindsey Graham, though they maintain they’re Republicans, they routinely throw votes for the Democrats. With the Senate lineup what it is today, even the GOP filibustering Kagan (which THEY SHOULD DO) wouldn’t derail her confirmation because Collins and Snowe and Graham always go for the Democrats.

It’s as if they’re tissue paper under pressure, without fail.

Kagan should be filibustered by the GOP and Snowe and Collins (and Graham) should be replaced or lectured by someone else with more sense than these three.

Lourdes on June 29, 2010 at 12:35 AM

Hmmmm…my local paper online at after midnight has not commented at all on Kagan. Is that “the plan?” – to ignore it completely?

Connie on June 29, 2010 at 12:35 AM

The Kagan appointment is payback to the court from Obama for the Citizens United decision.

fossten on June 28, 2010 at 9:33 PM

Barack Obama really hates the United States of America. He’s out for blood, he appears to really believe he’s some sort of superior man here to ruin us.

Lourdes on June 29, 2010 at 12:37 AM

Hmmmm…my local paper online at after midnight has not commented at all on Kagan. Is that “the plan?” – to ignore it completely?

Connie on June 29, 2010 at 12:35 AM

Yes, I think so…notice that all the Democrats’ talking points (in the Hearings and in media) is to — if they mention Kagan at all — is to gush about how her confirmation is “inevitable” and “assured.”

In other words, “resistance is futile” so just roll over and die…

Lourdes on June 29, 2010 at 12:38 AM

THIS CONTAINS LITANY OF OFFENSIVE “FEELINGS” DECISIONS BY KAGAN

http://www.wnd.com/index.php?fa=PAGE.view&pageId=152209

- she’s pro-abortion (radically, a zealot)

- she’s anti military

- she didn’t act critically against two faculty members who plagiarized while she was dean at Harvard Law (which, if done by students, they’d been expelled)

- she’s pro ‘marriage equality’ (means gay marriage)

- she doesn’t display any fidelity to the Constitution
but rather to her “feelings” and causes and interpretations of “social justice”

- Wendy Wright of Concerned Women for America has raised concern that Kagan “treated pro-life activists like violent criminals, creating a task force in the Department of Justice and a grand jury to investigate peaceful pro-lifers. This raises serious concerns that she shares the hostile view that religious beliefs are a form of ‘hate.’”

Lourdes on June 29, 2010 at 12:43 AM

Lourdes on June 29, 2010 at 12:38 AM

They also scooted quickly the Byrd article I commented upon asking why there was no mention of Byrd’s KKK affiliations and the filibuster of the Civil Rights Act.

Connie on June 29, 2010 at 12:57 AM

She’s the Solicitor General, and as such, she’s duty bound to defend whatever crappy law they toss in front of her with whatever crappy argument she can come up with. And this one’s plenty crappy, as you’re about to see. Even that’s not that big of a deal — good lawyers can get cornered during oral argument with judges as sharp as the Supremes — but Kagan’s performance in “Citizens United” was noted months ago as especially poor in a variety of ways. Ed wrote a post back in May about a basic factual error she made right at the beginning of the hearing.

If a solicitor general has a duty to defend any bad law by means of “whatever crappy argument she can come up with,” then I do not understand your objection to the deployment of a basic factual error, especially right at the beginning of the hearing, where it might do the most to subvert the Justices’ understanding if it succeeds. Your defense of this supposed duty is pretty crappy, so much so that I think you are in doubt about that duty, yourself.

Kralizec on June 29, 2010 at 1:10 AM

She needs a good Borking.

Holger on June 28, 2010 at 8:48 PM

Yeah? Who’s gonna volunteer for that duty???

Gahh!!!!

BigWyo on June 28, 2010 at 9:02 PM

Paging lorien….lorien?

If lorien won’t hit it…

hillbillyjim on June 29, 2010 at 1:16 AM

Wendy Wright of Concerned Women for America has raised concern that Kagan “treated pro-life activists like violent criminals, creating a task force in the Department of Justice and a grand jury to investigate peaceful pro-lifers. This raises serious concerns that she shares the hostile view that religious beliefs are a form of ‘hate.’”

Lourdes on June 29, 2010 at 12:43 AM

Any opinion as to what is good politics under some set of circumstances seems to involve hatred of contrary politics. Recall your own emotional, indeed bodily, reaction when you have thought about opinions and actions you think are contrary to good politics. As dangerous as those emotions are, consider whether it would perhaps be the death of us all if we did not have any capacity for those emotions, if we were unable to hate. Consider whether it might perhaps be good for you to go forth and hate well.

Kralizec on June 29, 2010 at 1:29 AM

Elect me Prez and I am going to forge an amnesty.

I think we need to do a “path to citizenship” for all Harvard grads.

They would have to show an appreciation of our traditional values or be deported to Cuba, Venezuela or Kenya…countries they are more suited to living in.

They would also have to pay a special tax for the billions which that syndicate on the Charles stole from the American workers over the decades…

IlikedAUH2O on June 29, 2010 at 1:43 AM

Inanemergencydial on June 28, 2010 at 8:53 PM

agree…look at sotomayor, she said she believed in individuals rights for guns and then votes against the gun ruling yesterday…..

same liberal mindset, different day with kagan

cmsinaz on June 29, 2010 at 6:10 AM

Give me an award for Yellow Bellied Cowardice!

Holger on June 28, 2010 at 9:25 PM

Naaaah….you get the award for showing great wisdom!

csdeven on June 29, 2010 at 6:54 AM

The right stopped Harriet…why can’t the left do its job.

tomas on June 29, 2010 at 7:15 AM

Tomas: they don’t care as long as she is a lib…

cmsinaz on June 29, 2010 at 7:28 AM

It’s very obvious that her fidelity to the constitution will be missing. Their vote should match Scalia’s last words…. “I don’t think so”

CC

CapedConservative on June 29, 2010 at 7:34 AM

She needs a good Borking.

Holger on June 28, 2010 at 8:48 PM

It’d be the best she ever had.

smellthecoffee on June 28, 2010 at 9:08 PM

Bork Kagan!

I heard that Byrd’s death leaves Kagan’s confirmation in doubt.

maverick muse on June 29, 2010 at 8:14 AM

Kagan’s sworn oath doesn’t even hold water as she speaks, as if she’d uphold the Constitution and laws. Her sworn intentions are as vapid as Obama’s. Their promises to act responsibly amount to diddlysquat.

maverick muse on June 29, 2010 at 8:18 AM

She just really isn’t that smart, is she? This is an incredibly bad selection and she is wholly unprepared to be a judge much less a Supreme Court Justice.

Obama continues to show how he is not up to the job of POTUS. America is in deep trouble. It’s not like there is anyone in line that can do the job; Biden, Pelosi, Inouye, Clinton. We’ve got to get down to Robert Gates to find someone competent.

Pray for our country.

Hopeless Future on June 29, 2010 at 9:34 AM

She’s the Solicitor General, and as such, she’s duty bound to defend whatever crappy law they toss in front of her with whatever crappy argument she can come up with.

BULLSPIT, Allah!!! Where did you go to law school? No lawyer has a duty to subvert their own conscience in advocating for a client.

Kagan DID NOT sear her conscience in making her argument BECAUSE she sees nothing wrong with her argument.

Ragspierre on June 29, 2010 at 11:15 AM

Opposed our military recruiters but did she ever oppose Saudi money coming into her school?

jcrue on June 29, 2010 at 11:17 AM