Elena Kagan good choice or poor choice?

Discussion in 'Free Speech Alley' started by alfredeneuman, May 11, 2010.

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  1. alfredeneuman

    alfredeneuman Founding Member

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    alfredeneuman, May 11, 2010
    #1
  2. OkieTigerTK

    OkieTigerTK Tornado Alley

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    Re: We don't really need that pesky First Amendment...

    i dont have the time to read a legal opinion. care to give us the cliff notes?

    everything i have heard/read so far, the left dislikes her because they think she is too conservative on some issues. and the conservatives dislike her because they think she is too far to the left on some issues.

    i have no problem with a swing vote that with go either way on the court if that is indeed how she is. i prefer that over strict ideology to one side or another. but it would be interesting to know what the document you linked to says. facts please, not left or right spin.
     
    OkieTigerTK, May 11, 2010
    #2
  3. LaSalleAve

    LaSalleAve when in doubt, mumble

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    I would have gone with Elizabeth Warren, but what do i know, what say you all?
     
    LaSalleAve, May 11, 2010
    #3
  4. SabanFan

    SabanFan The voice of reason

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    I don't know anything about her. I'll wait for the Tea Party opinion.
     
    SabanFan, May 11, 2010
    #4
  5. LaSalleAve

    LaSalleAve when in doubt, mumble

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    I can tell you right now, that Obama chose Jesus Christ to be the candidate the Tea Party would have a problem with it. If he chose Sarah Palin, the tea party would crucify Palin.
     
    LaSalleAve, May 11, 2010
    #5
  6. Indiana Tiger

    Indiana Tiger Founding Member

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    Re: We don't really need that pesky First Amendment...

    The ruling was about a law whose original purpose was to outlaw "crush" videos. These are films showing small animals (e.g. kittens, puppies) being crushed to death underfoot for the viewers' sexual gratification. The ruling basically says the law was written too broadly and could be interpreted to include videos on hunting for example. In this specific case the videos were about dog fighting that the petitioner says were for documentary purposes. Robert's opinion said explicitly that the Justices were not deciding whether the Constitution would allow a law that was limited only to “crush videos” or “other depictions of extreme animal cruelty.” Alito said that the Court opinion “tacitly assumed for the sake of argument” that such laws would be valid.
     
    Indiana Tiger, May 11, 2010
    #6
  7. LSUMASTERMIND

    LSUMASTERMIND Founding Member

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    Re: We don't really need that pesky First Amendment...

    Basically Roberts was against restricting the videos and Alito was actually for it. Alito was the only one to dissent, very unusual case and voting decisions.
     
    LSUMASTERMIND, May 11, 2010
    #7
  8. red55

    red55 curmudgeon Staff Member

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    Re: We don't really need that pesky First Amendment...

    Just as Bush appointed righties to replace anybody including the courts only true moderate. So why do you want her out? It's not going to result in a right-wing appointment. Among the candidates, she was certainly the most progressive democrat. And she has a reputation as a consensus builder, not an liberal ideologue.

    You mean like Harriet Miers, who had no qualifications at all? or do you mean like Chief Justice William Rehnquist, who had much other valid legal experience? The court has a long history of justices from other walks of life than Appellate court. Some of the best have not been judges before. I think a court is better if some of them have experience dealing with people besides other judges and lawyers. Is there some reason that you ignore her other qualifications?

    Also, she was appointed to the Circuit court 11 years ago but the Republican Congress would never confirm the appointment and tried to let it wait until after the 2000 elections. By which time she had pursued other opportunities. But if not for Republican politics, she would have a decade of judgeship by now.

    You have made no case for this at all. You have only listed a court petition.

    1. First of all, as Solicitor General, she is doing her job to argue on behalf of the United States of America. It doesn't mean that it is her personal viewpoint.

    2. How exactly does this petition suggest that that the United States of America does not support the First Amendment?
     
    red55, May 11, 2010
    #8
  9. LSUMASTERMIND

    LSUMASTERMIND Founding Member

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    Re: We don't really need that pesky First Amendment...

    He wants to make it seem that way, but I guess Alito doesnt agree with free speech either, because he was the only dissenter on the opinion.
     
    LSUMASTERMIND, May 11, 2010
    #9
  10. red55

    red55 curmudgeon Staff Member

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    What does she have to do with taxes? The Tea Party is a one-issue faction.
     
    red55, May 11, 2010
    #10
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