Strengthening Constitutional Self-Government

No Left Turns

Shameless Self-Promotion

The Professor and the Dean

Yours truly has an article on Kagan's nomination in today's Washington Times. My argument is that the "inexperience" line of questioning which Republicans are bound to pursue will only prove worthwhile if tied to her actual experience at Harvard Law School - particularly her expulsion of military recruiters.

Never mind that "don't ask, don't tell" is a federal law (the military does not make laws) passed by the Clinton administration and a Democratic Congress (Ms. Kagan worked in the Clinton White House) and that Ms. Kagan continues to esteem highly many of the authors of that policy (reserving her "abhorrence" for young recruiters simply following orders). Rather, focus on her unlawful disobedience of a federal statute, her resort to the courts only as an afterthought and her ultimate decision to relent her tempest-in-a-teapot rebellion only when the Supreme Court (which she hopes to join) unanimously rejected her legal objection to the law in an 8-0 opinion.

Of course, at that time, she was a dean and not a judge. But she was the ultimate role model to her students, leading by example as the dean of a prestigious law school. Her blatant disregard for laws that she found personally displeasing and intellectual satisfaction with legal arguments dismissed by even the most sympathetic judges reflect poorly on the adequacy of her judicial temperament and capacity for unbiased rulings.

I hope you will, as they say in the business, RTWT.

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