Inevitable: Kagan confirmed, 63-37; Video: Sessions’s floor speech added
posted at 4:25 pm on August 5, 2010 by Allahpundit
Let’s see which Republicans are getting primaried!
Five Republicans – Maine Sens. Susan Collins and Olympia Snowe, South Carolina’s Lindsey Graham, retiring Sen. Judd Gregg of New Hampshire, and Indiana’s Richard Lugar – have broken with their party to back Kagan. They’ve argued that partisanship should play no role in debates over the Supreme Court and have called Obama’s nominee qualified.
Still, it was clear that unlike in past decades – when high court nominees enjoyed the support of large majorities on both sides – party politics was driving the debate and vote on Kagan, much as it did last year when the Senate considered Obama’s first pick, Justice Sonia Sotomayor, and former President George W. Bush’s two nominees, Chief Justice John Roberts and Justice Samuel Alito.
Lugar and Snowe are both up in 2012. So is Ben Nelson, the lone Democratic no vote, who’s so desperate to undo the political damage from the Cornhusker Kickback that he might as well go ahead and switch parties already. Truth be told, though, the final margin here was kabuki in the same way that the final votes on ObamaCare were kabuki: Once the margin needed for passage was secured, everyone else was free to vote however they needed to in order to protect themselves at the polls. The GOP clearly didn’t want to risk a filibuster on someone as bland as Kagan, preferring to preserve the novelty of the nuclear option for maximum effect in case The One nominates a bombthrower next time, so people like Scott Brown got to vote no today even though I bet he would have been a yes had Reid really needed him. Speaking of which, why did Scotty B. vote no? Looks like he’s more worried about a tea-party primary challenge at this point than he is about pissing off centrist Massachusetts Dems in the general. Eeenteresting.
With Stevens gone, the oldest justice on the Court now is Ginsburg at 77. Which means it might be awhile yet before we get a truly atomic confirmation hearing involving The One trying to replace a Republican appointee. Apres Ruth, le deluge.
Update: Here’s Sessions’s last stand. He’s … not a Kagan fan.
Blowback
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Which would explain why you’re so screwed up.
BigWyo on August 5, 2010 at 6:24 PM
Speak of the devil.
dakine on August 5, 2010 at 6:24 PM
Idk, I don’t have an empirical study at hand. But most of my profs were partners at V20 firms prior to getting into academia.
crr6 on August 5, 2010 at 6:26 PM
Graham must go.
maverick muse on August 5, 2010 at 6:05 PM
maverick muse: He’s on the Purge List!:)
canopfor on August 5, 2010 at 6:28 PM
Too little too late for this Nebraska voter.
Yakko77 on August 5, 2010 at 6:29 PM
But on the issue of SCOTUS nominations, McCain would not have nominated Sotomayor or Kagan. Of course, Souter might not have retired were McCain in office. Stevens might have tried to hold on as well.
BuckeyeSam on August 5, 2010 at 6:29 PM
My impression is that many bail out into academia after several years in judicial clerkships, in large firms (as associates), and in other government work. That’s why the seem to have so little practical experience.
BuckeyeSam on August 5, 2010 at 6:33 PM
We conservatives should start praying that Clarence Thomas,John Roberts,Sanuel Alito,Antonin Scalia live a long and healthy life. Same goes for Judge Kennedy, the swing vote on the Court. One more leftist put on the Court and it is all over. We will then be just like the old U.S.S.R.which the liberals adore and want to turn the USA into.
flintstone on August 5, 2010 at 6:35 PM
It depends, really. I know a couple who got into academia right after a prestigious clerkship. But many, especially those teaching classes like Business Associations or Commercial law, have substantial experience in the private sector. Partners want to “bail out” for the same reason associates do: BigLaw hours suck.
crr6 on August 5, 2010 at 6:36 PM
Warning: Catty remark, but is there a rule that women on the SC cannot, must not ever be even remotely attractive?
jeanie on August 5, 2010 at 6:36 PM
Maybe the next Republican Congress should follow FDR’s example and pass a bill whittling down the Supreme Court to five with senority as the first factor in retention.
darwin on August 5, 2010 at 6:39 PM
Most of those are still liberal. In fact, a lot of law profs were previously partners at big firms.
crr6 on August 5, 2010 at 6:20 PM
Re-read what I said. “law profs may all be liberal…”
Most law profs left huge money as partners to become profs? Really? Name a few. Maybe to go to high prestige schools like Harvard. At my school, all the profs were libs who couldn’t stand to work for huge corporations and took a big paycut to teach. In any case, I’m not kidding: your attitude is going to be a huge liability if you don’t become more adept at hiding it. The valedictorian from my school who graduated a couple of years before me was fired TWICE (well, I believe they termed it as a mutual parting) and now she works by herself. She was as Liberal as it gets.
cynccook on August 5, 2010 at 6:43 PM
Calling crr6 on her laughable assertion that she’ll one day sit on the SCOTUS?
Good Solid B-Plus on August 5, 2010 at 6:45 PM
Maybe not “most”, but a lot, yeah.
No thanks, that’d give away my school.
Yep. I go to a T14, and a lot of the profs were partners. I don’t think they would have given up their private sector jobs to be a prof at Thomas Cooley School of Law though.
I’m anonymously posting on a political blog, so naturally, I don’t hide my opinions. Obviously I’m much more discreet in person. In fact, the judge I interned for was a Bush appointee.
crr6 on August 5, 2010 at 6:47 PM
Kagan to the highest court, parley-voo?
Kagan to the highest court, parley-voo?
She can garner a buck, a drink, a deal
But it isn’t because of sex appeal
On the Gay hating Saudi’s millions she can dine
But when it comes to the American military all she can do is whine
She has a form like the back of a hack
When she cries about the treatment of Gays the crocodile tears run down her back
If she would just change her underwear
The RINO frogs in the senate will probably give her the Croix-de-Guerre
The Marxists and Fascists will get the pie and cake
But all the Constitutionalists will get is a bellyache
Hinky, dinky, parley-voo
InkyBinkyBarleyBoo on August 5, 2010 at 6:48 PM
I never said I will. I just said the idea isn’t “laughable” considering I go to a top school, have top grades, externed for a federal judge, and will likely work for a top firm after graduation.
Now it would be laughable for you, because you’re a loser who went to some sh*t midwestern school.
crr6 on August 5, 2010 at 6:49 PM
Wall Street Journal.
And they were not talking about Kagan here.
Del Dolemonte on August 5, 2010 at 6:53 PM
I dunno … it’s certainly on it’s way to becoming a typical SCOTUS progressive nominee. Can’t articulate our founding documents and instead relies heavily on the words of others, impresses its progressive law profs by giving them exactly what they want, which in turn tells them it’ll be a good follower and implementer of progressive policy. I’d say it could have a chance if it wasn’t for the fact progressivism is about to be chased back into the hole it came from.
darwin on August 5, 2010 at 6:53 PM
Oh … I forgot to add its been trained to be arrogant and think its shyt don’t stink. All the makings of your typical progressive SCOTUS nominee. Yes, just who the progressives want deciding law … someone who looks down on people.
darwin on August 5, 2010 at 6:56 PM
Or, you know, because I’m not a lawyer and don’t go to law school. And yes, it is “laughable,” because you’re a tool. Keep thinking you’re going to make the SCOTUS, though, it’s a particularly hilarious delusion. We need someone to make us laugh now that Narutoboy was either banned or got lost in a bear trap somewhere.
Good Solid B-Plus on August 5, 2010 at 7:02 PM
Would you if you had been shot and knew that four or five Secret Service men hadn’t been able to protect you?
Jimbo3 on August 5, 2010 at 7:03 PM
Hey, don’t dis Michigan, Northwestern and Chicago. Unless you’re at Harvard or Yale, those schools are pretty much equal (or better than) your school.
Jimbo3 on August 5, 2010 at 7:06 PM
Oh, crr, would you like to tell the 16 Nobel Laureates from my university that they went to a “sh*t midwestern school”? You’re almost as funny as ernesto, just without the daddy issues and racial self-hatred.
Good Solid B-Plus on August 5, 2010 at 7:07 PM
There are also alot of things to suggest that Souter was gay, so Kagan probably won’t be the first gay person to serve on the Supreme Court.
Jimbo3 on August 5, 2010 at 7:08 PM
Sounds like insecurity to me. Pathetic. Pedigree pissing contest, with no way of verifying. Funny.
But you really do have to love these lefties and their love for egalitarianism, don’t you?
ddrintn on August 5, 2010 at 7:10 PM
Depends on the field you’re in. I’d probably care a bit more about where my university’s law school ranked nationally if I were actually planning on attending.
Good Solid B-Plus on August 5, 2010 at 7:10 PM
Oh, and the idea is still laughable.
ddrintn on August 5, 2010 at 7:12 PM
You think not?
applebutter on August 5, 2010 at 7:14 PM
The usual leftards are back today; must’ve gotten their talking points memo from on-high. You can go days without seeing these guys, then all of a sudden they’re all here, lol.
Idiots.
Midas on August 5, 2010 at 7:17 PM
I was talking about law schools. Michigan and Chicago have been in the top ten for decades. Northwestern is within one or two from that level. If CRR6 really goes to a Top 16 law school, she’ll know that. She might, but the idea that she’s already done an externship with a federal judge but is still in law school makes me wonder. Most of the top law schools offer some sort of “hands on” legal opportunities, but usually “real” externships for judges don’t happen during the school year. And she should have had summer jobs with large law firms her 2L summer in order to get a job with a top firm after graduation.
Jimbo3 on August 5, 2010 at 7:23 PM
That’s all well and good, but since I’m not going to law school, crr’s dig at me doesn’t make much sense.
Good Solid B-Plus on August 5, 2010 at 7:27 PM
Any idiot that can boldface lie and parrot back what they have read or heard can get into law school. Why would people believe lawyers are intelligent? They produce nothing of value in society and for the most part are another class of rent seekers.
Inanemergencydial on August 5, 2010 at 7:41 PM
A lightweight political apparatchik is named to the highest court to act as Obama’s mouthpiece. The Dems should be proud.
NNtrancer on August 5, 2010 at 7:42 PM
LOL
Fixed.
But just cuz you get into one doesn’t mean you should go. In this day and age, t14 or don’t bother.
Proud Rino on August 5, 2010 at 7:49 PM
Those are great schools. B + didn’t go to those schools.
I did it 1L summer. The fact that you don’t know many law students extern for a federal judge 1L summer makes me wonder.
Working on that now.
Pretty much, yeah. Do you read AbovetheLaw? Emory has like 20 firms coming to it’s OCI this year.
crr6 on August 5, 2010 at 7:56 PM
I went to a t14 and several of my friends used their 1L summer to work for a judge so they’d get a great writing sample and some good connections. It’s a great summer to do public service.
I think crr6 is a rising 2L, which means that OCI (or OGI, if he’s one of “them”) is starting soon, then I imagine that next summer will be the biglaw summer. But I have a lot of friends in good law schools now who didn’t get any offers from even midsized firms and had to take PI stuff instead. Even HLS isn’t a gimme these days.
Should be a little better this year than it was last year though, assuming that people still think getting into biglaw is a good idea for some reason.
Proud Rino on August 5, 2010 at 7:58 PM
Ouch.
Proud Rino on August 5, 2010 at 7:59 PM
Thank God our President was a lecturer at one of them.
Jeff2161 on August 5, 2010 at 8:27 PM
Reflexive confessions from the axleturds.
awesome.
Inanemergencydial on August 5, 2010 at 8:32 PM
How far can an associate justice go towards policy advocation, once he or she is seated on the court?
midlander on August 5, 2010 at 8:38 PM
Hmmm.
1. Brown knows the Tea Party is seriously pissed off at him and that making amends will only go so far.
2. These damn RINOs. You Republicans are always going on about how it’s important to elect Republicans no matter what.
Well where the F**K are you now!?
If one of the 4 Right-leaning justices kick off or get seriously injured then Obama has yet another bite at the apple. Then what!?
I support and vote for conservatives. If you Republicans want my vote you’ll put conservatives up for election. If not, then you all can go F**K yourselves for all I care.
memomachine on August 5, 2010 at 8:46 PM
From the University of Chicago Law School: “The other professors hated him because he was lazy, unqualified, never attended any of the faculty meetings, and it was clear that the position was nothing more than a political stepping stool. According to my professor friend, he had the lowest intellectual capacity in the building. He also doubted whether he was legitimately an editor on the Harvard Law Review, because if he was, he would be the first and only editor of an Ivy League law review to never be published while in school (publication is or was a requirement).”
slickwillie2001 on August 5, 2010 at 8:47 PM
I think that’s a function of respect. Maybe they’ll treat her a little less like a cat toy now.
DrSteve on August 5, 2010 at 8:50 PM
Sorry. That one went over my head. I was concerned, whether there were any constraints placed on justices in the promotion of a particular policy. If Kagan was, prior to her confirmation, an advocate for Sharia-compliant financing; how far could she go in her advocacy. Respect as a function of constraint, seems feeble.
midlander on August 5, 2010 at 9:09 PM
Someone mentioned that Arnold Schwartzennegar has “gays” on his administration and has many gay friends, which is why he did not and does not defend Proposition 8, and why he supports the perversion that is homosexual behavior, sodomy between two men, and the crap that goes with the deviant behavior which is homosexual behavior.
That is likely true, for he was the subject of “rumors” of having engaged in homosexual relations, something that appears to have been avoided by the main stream press.
Back when Arnold was running for governor of CA some women claimed he assaulted and abused them also.
Moreover, Arnold DID hang out with barely dressed males daily, many muscle heads who look at themselves in the mirror a lot, wear skimpy, tiny panties quite often in public, stand and flex in the mirror, and pose for others to gawk at, and Arnold was among those who liked to show off his body.
He clearly was a top-notch body builder, but ther est of the baggage that went along with his background and activities do lend themselves to his having homosexual, narcissistic tendencies, which would be diametrically opposite those who see male-female relationships and marriage as valuable to mankind, and US culture, and would defend it.
In the case of “homosexual marriage,” it is the homosexuals who are actually on the assault, or on the attack. It is heterosexual, male-female relationships, intact families headed by a mother and a father, male female sexual behavior supporters who are the ones being attacked.
The fact that they would stand up and defend their values, mores, principles, and morals does not make them evil, stupid, malevolent, or homophobic. It merely means they have their heads on straight, whereas the radical, militant, “shove-our-way-down-your-throat, and if you don’t like it, sit on it and rotate! you mean, meanies!” homosexual-deviant behavior-sexual disorder pushers who are the aggressors here.
William2006 on August 5, 2010 at 9:15 PM
Well, since The Wall Street Journal actually ranked Tepper ahead of Ross, Booth AND Kellogg, I’d say you’re full of shit. Then again, we already knew that.
Good Solid B-Plus on August 5, 2010 at 9:50 PM
RELEASE THE KAGAN!!!
Mr. Joe on August 5, 2010 at 9:57 PM
I’d rather face off with the Kraken, that’s for sure.
Good Solid B-Plus on August 5, 2010 at 10:00 PM
I would like to make a political/tactical suggestion……
……instead of the Conservatives reacting to a SCOTUS appointment opportunity in the approved manner….”Well, it’s a position that a Liberal has held we’ll just let this one go, and we’ll REALLY FIGHT for a Conservative if they are trying to fill say Scalia or Thomas or Roberts seats.”
Instead of doing that and perpetuating a 5-4 court where we’re dependent on ANTHONY KENNEDY to do the right thing……HOW ABOUT FROM NOW ON…..WE FIGHT FOR A CONSERVATIVE FOR EVERY SINGLE APPOINTMENT TO THE COURT….if Ginsburgs’ seat comes open….then why not try and make it a CONSERVATIVE SWITCHOVER?
THE GOP always plays nicey nice with the LIBS and it ain’t freaking reciprocated you clueless Cocktail Party Republicans!!!!
****LET’S NOT SETTLE FOR 5-4, let’s go for 6-3 or 7-2 or maybe even 9-0.
****unless of course both parties don’t really care and it’s all just political posturing by a bunch of Progressives in both the GOP & Dem parties.
PappyD61 on August 5, 2010 at 10:39 PM
Because the President is a liberal and an overwhelming majority of the Senate is Democratic.
Roberts was confirmed 78-22. That’s a lot of Democrats that voted for him. Far more Democrats voted for Roberts than Republicans voted for Sotomayor and Kagan. It kind of seems like the Democrats are playing “nicey nice” and Republicans aren’t reciprocating. Alito got 4 Democratic votes and Kagan got 4, plus no threat of filibuster even though Democrats could have filibustered Alito and chose not to. That seems pretty “nicey nice” to me.
Proud Rino on August 5, 2010 at 10:46 PM
Somewhere today I read a suggestion that if we are going to accept that Supreme Court Justices are legislating, then let’s have the party in power nominate them and then put them on the November ballot so we can vote them up or down. Better than trusting the process to the bozos in the Senate.
slickwillie2001 on August 5, 2010 at 10:59 PM
Will she have to recuse herself when the gay marriage mess hits the SCOTUS?
profitsbeard on August 5, 2010 at 11:11 PM
I still think she looks like Jon Lovitz in drag, Wow, she’s ugly.
Ward Cleaver on August 5, 2010 at 11:23 PM
Hey, the trial judge didn’t. She won’t.
Ward Cleaver on August 5, 2010 at 11:24 PM
What you mean is you wouldn’t mind having her peni$, since yours is so tiny.
tcn on August 5, 2010 at 11:33 PM
Sweetie, making coffee and answering the phones is NOT the same thing as “working for a top firm.” Do, please, get over your loser self.
tcn on August 5, 2010 at 11:40 PM
Have you every been a summer associate at a top law firm? Based on the above post, the answer is no.
dakine on August 5, 2010 at 11:53 PM
BTW, a summer associate at a top law firm makes about $2k per week. 95% of summer associates are offered permanent positions upon graduation and are paid on average between $125-160K. How much did you make when you were 25?
dakine on August 5, 2010 at 11:56 PM
They typically make 3k a week in the big markets (NYC, LA, Chicago).
Buuuut nowadays the offer rate is probably closer to 70-75%. And that’s not counting the poor souls who get their start dates deferred.
What does that have to do with anything? You didn’t go to any of those schools. And you live in Cleveland.
It does seem to be a little better. Firms are doing more interviews. And less people are getting no-offered at the end of the summer.
crr6 on August 6, 2010 at 12:27 AM
Dude…where’d you get that from?
Jaibones on August 6, 2010 at 12:39 AM
Other than Allahpundit’s joy at having another pro-gay, pro-abortion SCOTUS judge, does anyone know what it is that recommends Kagan to the Senate as qualified? The lack of a moment’s experience as a judge would seem to be a problem, no?
Jaibones on August 6, 2010 at 12:46 AM
Unlike Kagan, Roberts had much judicial experience and his rulings were considered required reading.
Perhaps that had something to do with the votes…
Skywise on August 6, 2010 at 4:24 AM
I was talking about law schools. Michigan and Chicago have been in the top ten for decades. Northwestern is within one or two from that level.
Jimbo3 on August 5, 2010 at 7:23 PM
You were just telling us how stupid people who live in Michigan were cuz you hate the weather there. Go away bigot.
runawayyyy on August 6, 2010 at 9:21 AM
First, no, Roberts’ opinions were not required reading. There are very few judges who write opinions worth paying attention to – Wilkinson, Easterbrook, Posner, Wood, Kozinski, Calabresi, et al. Even those judges aren’t really “required” reading, they just tend to write pretty good opinions.
Second, I’m certain that Roberts got all those votes because of his good reputation in the legal community and his stellar resume. But the claim was that Democrats NEVER play “nicey nice” with GOP nominations, and that’s just not true. If it were, then Democrats would filibuster every single GOP pick. Didn’t happen. That claim is totally false and either the person making it is a total liar or totally misinformed.
Proud Rino on August 6, 2010 at 9:24 AM
You’re correct. The democrats only go after GOP minority nominees … and viciously too I might add.
darwin on August 6, 2010 at 10:00 AM
What kind of minority is Bork?
Proud Rino on August 6, 2010 at 10:04 AM
Hey, I videotaped surgeries in a hospital for 6 years. This appointment means that I can be a Doctor now!//
kingsjester on August 6, 2010 at 10:05 AM
If you did it during IL summer, that’s great (and difficult to find). I said that I didn’t know many people who did a judicial extern during the school year. Are you thinking post-graduation about litigation or corporate or tax or what?
Jimbo3 on August 6, 2010 at 10:41 AM
OK … then they viciously go after all GOP nominees.
darwin on August 6, 2010 at 10:41 AM
I went to Michigan law, idiot. Go back and read what I wrote. I said anyone without a job in Michigan should be looking elsewhere if they had any brains. It wasn’t about the weather with respect to Michigan.
Jimbo3 on August 6, 2010 at 10:43 AM
It’s looking like some firms are giving all of their summers offers this year, which is a real good sign. I think the people who graduated in the last two years and the first and second years who were laid off in the last two years are the ones who’ll get hurt real bad.
Jimbo3 on August 6, 2010 at 10:46 AM
I’m not seeing Tepper in the top fifteen in the Business Week rankings. Can’t find the Wall Street Journal ones. Was it ranked high in the WSJ survey because in a particular program (like marketing) or an executive MBA or what?
Jimbo3 on August 6, 2010 at 10:53 AM
Yeah and in the USNWR rankings it’s #16, behind Kellogg, Booth and Ross.
crr6 on August 6, 2010 at 11:17 AM
Thanks. It was a great experience.
Litigation, preferably.
Nice. I don’t go there, but I have friends that do, and I’ve visited them there a couple times. The law library is absolutely gorgeous.
crr6 on August 6, 2010 at 11:21 AM
It is a real cool Library. Based on Oxford. I’m corporate/commercial. Litigation was never my thing (wasteful, costly, etc.). The whole Law Quad is cool.
Jimbo3 on August 6, 2010 at 11:31 AM
Finally, a pair of liberal pseudo-intellectual trolls find someone they can relate to at HotAir. How nice for you.
Maybe you should take your chat to DailyKos, where you’ll be more comfortable.
Jaibones on August 6, 2010 at 12:07 PM
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