Thứ Ba, 11 tháng 5, 2010

Stand up to the Bullies: the GOP Must Block Elena Kagan

It's not just that Supreme Court nominee Elena Kagan is, in the words of Mark Levin (MP3), a judicial lightweight. She's written nothing of substance and has no litigation experience to speak of.

It's not that she's an unprincipled political hack from Chicago who pilloried the military for its Don't Ask Don't Tell policy at Harvard, but somehow overlooked the fact that it is not the military's policy. It is a lawful policy of the U.S. government, passed by a Democrat Congress in 1993 and signed into law by Bill Clinton. And Kagan went on to work for the very Clinton administration that implemented the policy she decries.

It's not that she's virulently anti-military, posturing repeatedly against recruiters on Harvard's campus even in the aftermath of 9/11 when our men and women were being sent into harm's way to protect all Americans.

It's not the fact that she has no experience that qualifies her for the post. She's never been a judge on any court, at any level -- and, she "took the extremely unusual step of declining to appear before the Supreme Court during her first term" as Solicitor General.

It's not that she's consistently advocated for the unchecked growth of unconstitutional administrative bodies controlled solely by the president. In her academic roles, she argued for "greater presidential control of [bureaucracies that are] becoming ever more entangled in the daily lives of average Americans. The president has said he wanted judges who would not give strict constitutional scrutiny to his expansive legislative agenda."

It's not that she's a crypto-radical as evidenced by her bizarre academic background and political affiliations. Her senior thesis analyzed -- you guessed it -- why socialism failed in New York City in the first half of the 20th century. She wrote longingly of an era that never was, her laments an obvious paean to a regime of Statism antithetical to our founding: "In our own times, a coherent socialist movement is nowhere to be found in the United States. Americans are more likely to speak of a golden past than of a golden future, of capitalism's glories than of socialism's greatness."

While damning, these elements of her background pale in comparison to one simple fact: we are in a final battle for the solvency of our country.

Five people on the highest court will ultimately decide whether health care is a right. Whether the Commerce Clause of the Constitution can be twisted and perverted to compel you to buy a product from a government-approved entity.

We are at war and it was the Democrats in Congress who launched a Pearl Harbor-style attack on the American people. At midnight on Christmas Eve, they passed a massive new entitlement program against the clear wishes of the American people. They lied about its costs, they used every trick in the book and they squeaked by a tiny legislative victory at a time when our existing entitlement programs are already running dry.

The Democrats bullied Republicans, locking them out of committee meetings, smashing their faces against the metaphorical fence, heckling them and ultimately ignoring them.

The Democrats called Republicans -- black, white, brown, red and yellow -- racists for holding up copies of the Constitution at rallies and town hall meetings, while simply demanding fidelity to our highest law.

The Democrats bullied Republicans on the failed Stimulus bill, the budget-busting Omnibus Spending bill, unprecedented extensions of unemployment and new energy taxes called "Cap-and-Trade".

During the Bush era, Democrats used the unconstitutional judicial filibuster to block conservative Hispanics, African-Americans -- fine jurists of every race, religion and creed -- from serving on the federal court. Schumer, Obama, Leahy and other despicable partisans blocked Miguel Estrada and other monumentally qualified jurists from fair hearings on the Senate floor.

It's not just that Kagan is completely unqualified; that she's a closeted socialist; that she hates the military; and that she has been nominated solely because she will vote the radical Obama line on issues such as the constitutionality of a health care mandate. It's none of those.

It's war. And now it's time for Republicans to stand up to the bullying. It's time to return the favor. Elena Kagan must be stopped. With the country teetering on the edge of Grecian-style bankruptcy, the stakes are too high.

Call your Senators and demand they filibuster Elena Kagan. Call the Republicans on the Senate Judiciary Committee and demand they block Kagan's nomination.

They drew first blood. And now they must pay. Filibuster Elena Kagan.


Hat tip: Mark Levin (MP3).

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