Law in Contemporary Society

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ElenaKagan 29 - 29 Jun 2010 - Main.JessicaCohen
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 Is anyone else disappointed with this nomination (from a non liberal/conservative point of view)?

I think it is terribly disappointing that we keep getting these Ivy League judges on the Supreme Court. Sure, Kagan has no "bench" experience, so in that aspect she is diverse. She is also female, which may be needed. But, she is still what at least 7 out of the other 8 are on the court: legal intellectuals. Frankly, I would have liked to have seen (and would like to see in the future) non-intellectuals grace the halls of the court again. There used to be a time when one did not have to go to an Ivy league law school to be on the court. Now, it is a prerequisite. And, I can't think of a nominee that would be a bigger intellectual than Kagan: law prof turned Harvard Law School Dean. But, I don't know the woman, so, maybe I'm wrong.

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 The proposition that the court should be used to advance the interests of not only the advantaged and those who occupy positions of privilege in society, but also for those who don't, is simply not worth debating. By using Justice Marshall to attempt to make a case about Kagan's potential judicial philosophy, Senate "spin doctors" are pissing on his legacy. All in all, though, I respect Kagan's handling of the inquiry, regardless of how absurd it is.

-- JenniferGreen - 29 Jun 2010

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I just wanted to share a quote from Dahlia Lithwick's article on the confirmation hearings in Slate regarding Thurgood Marshall. Perhaps it's obvious, but it has helped me swallow this whole thing:

As the nominee takes pains not to look too pained today, the reason Marshall and Roberts are the ones on trial here is also quite plain: Republicans fear that, in this confirmation hearing, Kagan is pretending to be just what Roberts pledged to be (temperate, centrist, and humble), but that once she takes the bench, she will become Marshall (legendary, visionary, liberal). And in a weird piece of symmetry, this Republican fear is the Democrats' most fervent hope. -- JessicaCohen - 29 Jun 2010

 
 
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Revision 29r29 - 29 Jun 2010 - 17:51:53 - JessicaCohen
Revision 28r28 - 29 Jun 2010 - 16:34:41 - JenniferGreen
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