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Posts Tagged ‘Robert Bork’
May 7th, 2010 at 5:45 pm
Elena Kagan Wants to Talk Judicial Philosophy

According to a book review she wrote back in 1995, Supreme Court short-lister Elena Kagan wants to judicial nominee hearings to get back to the good ole’ days of Robert Bork.  As reported by ABC News:

Kagan argues that the Bork hearing should be a “model” for all others, because even though it ended in the candidate’s rejection, the hearings presented an opportunity for the Senate and the nominee to engage on controversial issues and educate the public.

“The real ‘confirmation mess’ ” she wrote, “is the gap that has opened between the Bork hearings and all others.”

“Not since Bork,” she said, “has any nominee candidly discussed, or felt a need to discuss, his or her views and philosophy.”

“The debate focused not on trivialities,” she wrote, but on essentials: “the understanding of the Constitution that the nominee would carry with him to the Court.”

At bottom, Kagan called for an open, “educative” process that put differing constitutional philosophies under the microscope.  I’m all for it; so too are most conservatives.  It will be interesting to see if and when Kagan is nominated by President Barack Obama to fill the next vacancy if she still thinks that way when it’s her turn to defend her views.

After all, Bork was the last nominee to make it to the hearing room and not be confirmed.

January 11th, 2010 at 1:07 pm
New Year, New Supreme Court Opinions
Posted by Print

Today, the U.S. Supreme Court resumes its 2009-2010 term with a round of two oral arguments.  Though the two cases that pit Alabama v. North Carolina and Briscoe v. Virginia have national legal implications, court watchers are eagerly awaiting other consequential decisions this term.

The fate of the First Amendment and campaign finance reform could be decided as early as tomorrow in Citizens United v. FEC.  The justices reargued the case on September 9, 2009, but the Court has yet to report a decision.  With federal primary elections less than a month away, candidates and First Amendment lawyers seek guidance from the Court as soon as possible.

The best case scenario would be a broad sweeping opinion striking down many of McCain-Feingold’s onerous First Amendment restrictions.

In addition, the spring term ushers in a new round of retirement speculation.  Justice John Paul Stevens is the oldest member of the Court, 89, and has not hired his full slate of clerks for the next Supreme Court term.

This article also mentioned the possible retirement of Justice Antonin Scalia.  Any vacancy would cause political wrangling in the Senate but a Scalia departure, coupled with President Obama’s liberal record on judges, would result in a judicial and political Armageddon unseen since the days of Judge Robert Bork.

Whatever occurs during the conclusion of this Supreme Court term will surely have major implications for individual rights and the future of our Constitution.