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Academic
: ConglomerateQuestions and Statements in the Kagan Hearings
By Gordon Smith, Christine, Hurt, Vic Fleischer, Fred Tung, Lisa Fairfax, David Zaring
I've only been keeping quarter of an eye on the Kagan hearings, not out of interest, but because I generally find this sort of thing to be a shocking waste of time, and I want to see if I'm right. I don't quite know why the Senate does it. That greatest deliberative body doesn't exactly look like a brace of British MPs when it comes to cut and thrust questioning. But at least Kagan's a little better in the Q&A than was her amazingly pious, and disingenuous, opening statement, which included a lengthy buttering up of the senators ("each of you has been unfailingly gracious and considerate"), groan-inducing filial flag waving ("my parents lived the American dream"), and this sort of sanctimony:
Mr. Chairman, the law school I had the
good fortune to lead has a kind
of motto, spoken each year at graduation. We tell the new graduates that
they are ready to enter a profession devoted to "those wise restraints
that make us free." That phrase has always captured for me the way law,
and the rule of law, matters. What the rule of law does is nothing less
than to secure for each of us what our Constitution calls "the blessings
of liberty" - those rights and freedoms, that promise of equality, that
have defined this nation since its founding. And what the Supreme Court
does is to safeguard the rule of law, through a commitment to
even-handedness, principle, and restraint.
I had the good fortune to attend the law school Kagan would later
have the good fortune to lead, and believe me, I never heard anything
about "wise restraints that make us free." Unless they were the
restraints on the laity that prevented them from practicing law. But
maybe that's because my class spent its time in the library, hiding
critical texts from other students. (It does sound like things changed,
as Erik's prior post attests.) Anyway, I can barely imagine academics
saying this sort of thing without blanching, but Kagan has long looked
more like a politician than a legal scholar to me. A moderate to
conservative one, to boot, which is why I would confirm her even if she
made 7 incredible gaffes during the hearings, if I were a Republican
senator, because the alternatives will all be worse. Which makes the
kabuki theater of the hearings all the more pointless.
Like I said, thank goodness that in the Q&A she has come across a
little less preciously. I still don't see the point of these hearings,
but a couple more days of non-answers that at least appear to have
heard the question, without bowing and scraping to people who aren't
going to vote for her anyway, might be a bit reassuring on the "she's
not a total automaton" scale.
Full post as published by Conglomerate on June 30, 2010 (boomark / email).
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