Ruthfully Yours has a comprehensive rundown on all the various reasons she feels that Elena Kagan would be a disastrous choice for the Supreme Court. Although I agree with her in nearly every case, I want to especially draw attention to the following-
We know she deliberately ignored the law while at Harvard, and unfairly besmirched our military in time of war. The facts are simple. A law known as the Solomon Amendment made it illegal to keep military recruiters off of college campuses. An appeals court ruled that the law should be overturned but immediately made its own ruling inapplicable until it could be reviewed by the Supreme Court. Then-Dean Kagan barred the recruiters from campus anyway, thus flouting the law. She called the military’s “Don’t Ask, Don’t Tell” rule on homosexual practices “a moral injustice of the first order,” even though she herself had served in the Clinton White House that developed the “Don’t Ask, Don’t Tell” rule in the first place. Then, when she supported a challenge to the Solomon Amendment, the Supreme Court ruled against her position 8-0 – an overwhelming rejection of her anti-military stance.
There is something about that which I find especially troubling coming from someone who is being considered for a lifetime appointment on the highest court of the land. The post in question points out how Kagan is seemingly willing to flout the law, but that's the least of it.
Its important now to think clearly about this-Kagan was attempting to ban the military from recruiting at Harvard because of "Don't Ask, Don't Tell". So what, you might ask?
DON'T ASK DON'T TELL IS A GOVERNMENT LAW THE MILITARY HAS NO CHOICE BUT TO ADHERE TO!!!!
Moreover, although some might make a bit too much of it in this case, Kagan worked for the Clinton Administration, which of course was the one that issued this rule as a Defense Directive-
The Clinton Administration on December 21, 1993[13] issued Defense Directive 1304.26, which directed that military applicants were not to be asked about their sexual orientation.[11] This is the policy now known as "Don't Ask, Don't Tell".
So what to make of this? Does Kagan feel the military should ignore the constitutional mandate of civilian rule of the military? What about the rest of us? Do we have the right, for that matter the responsibility, to defy the law when we feel it might be odious? Admittedly, that might be a strong temptation when it comes to laws this cretin is likely to uphold, but I seriously doubt that's what she has in mind. Maybe she doesn't have anything in particular in her mind, other than a vain, vapid attachment to her own sentiments. Is that now a viable qualification for a judicial appointment?
Much has been made of Kagan's intellect, education, and abilities. One thing is for sure, she has accomplished what has heretofore been seemingly impossible. She has created a situation in which the Supreme Court felt obliged to rule against her by a unanimous verdict, 8-0, something that is almost unheard of with this ideologically divided court. On this matter, at least, she manages to make even Ruth Bader Ginsburg seem moderate and reasoned, while one lone holdout (I don't yet know who this was, but I suspect Breyer) apparently, while he might have liked to have voted for her position, was unable to think of a legitimate reason to do so and therefore was too embarrassed to vote at all.
Yet Obama, who himself, at least at one point, supported Don't Ask Don't Tell, somehow feels this fruit loop is qualified to hold a lifetime appointment to the Supreme Court. And barring something really momentous, there is little if any doubt that she will be confirmed.
To say it boggles the mind would be a gross understatement.
