So conservative even conservatives hate her.When is it okay for Republicans to oppose a Supreme Court nominee for, uh, apparently not being overly concerned about hiring minorities and women over equally qualified white male candidates? WHEN THE NOMINEE IS A DEMOCRAT COME ON KEEP UP. Somebody at RedState heard about somebody at the Duke Law Center on Law, Race and Politics complaining that maybe Elena Kagan hadn’t really done affirmative-action hires when she was in charge of Harvard Law School. Hmm sure that sounds good, let’s climb aboard this particular bandwagon, that’s basically the conservative position anyway, right?

You need a really big tent to both stand up for Slavery and bitch about a nominee for not hiring enough black people:

Kagan, whose leadership at Harvard Law marked an unprecedented expansion of the program’s faculty, hired 32 tenured and tenure-track faculty. With one exception, all were white; only seven were women ….

To be sure, conservatives, who as a matter of principle oppose racial quotas for the purposes of hiring or admitting, will be wary of legitimizing such an attack. But with a limited body of published work to her credit–which is to say, nothing at all–the metrics by which the Senate may judge Kagan’s judicial temperament are limited.


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  1. This is off topic, but I’ve been meaning to ask someone this:

    Why the f)&&^^%k should anyone go “volunteer” to clean wildlife in the Gulf (as I stupidly did off Stinson Beach in Northern California wayyyyy back in 1971), when:

    (1) BP’s liability for damages is capped, by statute, at $75 million; and (2) BP’s liability for environmental “clean up” is not capped?

    I suggest we all go to the Gulf and start “cleaning up”: At our usual billing rates of $650/hr.

    That’s my “handling toxic sludge rate” . . . which likely is less than what BP’s outside counsel is charging.

  2. Jessus, he should fill his neck with roller bearings so his head spins more easily. Or is he making my head spin? Whatever, KNOCK IT OFF.

  3. Obamar being elected POTUS just royally mind-fucked these rubes. They cling to the idea that black really is somehow white (see also: Steele, Michael)

  4. If you go to Redstate expecting things to make sense you will only end up with a terrible brain cramp. Ouch.

    [re=574238]Neilist[/re]: Count me in. I have a lot of experience cleaning litter boxes. That should get me into the higher pay bracket. Right?

  5. You libtards just don’t GET IT, do ya? See, that was then; this is now. No, wait — Thurgood Marshall was black, right? So Kagan’s agreeing with his assessment is like REVERSE RACISM! Or something. No, that’s not it. Uh — oh, I know: She’s a HYPOCRITE! Or — or perhaps she follows her training, her conscience and the rigors of being an academic administrator and does the best she can as a scholar and human being. No WAIT! That can’t be it!

    Oh God why has thou forsaken me!

  6. [re=574250]I Heart Accuracy[/re]: You know what is really bugging me about all this today? What is really bugging me about all this today is that I expect to see comments like this at my hometown rednecktard news site, but not here. That’s what’s really bugging me about all this today.

  7. the only way any of the insane Repuke arguments against Kagan (who I don’t really care for as she’s not going to incarcerate Goldman Sachs executives) — is if you realize that the dittohead Freeper sheeple and their moronic leaders have confused Thurgood Marshall with Rev. Wright.

  8. As a former Republican I’ll let ya’ll in on a little secret: Identify consistency and sticking to principals as one of the most defining qualities of your opponent. Lacking it or got it in spades (sorry, couldn’t resist) it’s a winning issue with the sheeple as subtlety confuses them, they’re either a craven political hack or orthodox lock-step big liberal, one or the other.

  9. [re=574238]Neilist[/re]: O/T
    BP’s liability for damages is capped, by statute, at $75 million

    What statute, and what moron(s) enacted that?

  10. [re=574272]Maus[/re]: [re=574272]Maus[/re]: I would like to say unmotherfuckingbelievable, but it’s all too motherfuckingbelievable.

  11. Kagan looks exactly like my daughter’s boyfriend. EXACTLY! Not like his mother, exactly like him. I can’t get past that. Thanks for listening.

  12. These are the same wingnuts blasting Obama for being too weak on off-shore drilling. They never let ideology get in the way of bashing the black guy.

  13. [re=574279]Katydid[/re]: It was actually meant to create an insurance pool back in the day – but the numbers never got adjusted (typical stupidity) so now a generation of risk assessments by oil companies are based on really low numbers.

    BTW, what is this bs about her not having a written record? I’ve heard this as an emerging RW meme, but she’s a faculty member at Hahvad. She writes crap all the time – in the form of law review articles that no one reads other than the tenure and promotions committee. Maybe Erick son of Moron doesn’t understand what a law review article is (50+ pages of densely footnoted prose, typically in an area of dispute within some aspect of the law) but no one with a clue would claim a dean and long-term professor lacks a track record.

    Now, if they mean she hasn’t written opinions (because she’s not a judge) that’s true but idiotic. Rather like saying Obama doesn’t have a written record because he didn’t actually write out his autobiography in crayon like a real ‘Murikan would.

  14. [re=574286]Berkeley Bear[/re]: Also, the Solicitor General of the United States, whose entire job it is to present opinions to the Supreme Court on cases before them, probably wouldn’t have a record of opinions on Supreme Court cases either.

  15. if the opposition’s case against the nominee was going to be Super Fucking Retarded no matter who barry picked, he might as well have went with a more liberal nominee.

  16. [re=574238]Neilist[/re]: The health benefits is what I want. Nothing like a bath in carcinogens to make me want some good old oily shrimp gumbo. mmmm, mmm, I gar-on-tee!

  17. [re=574238]Neilist[/re]: Liability caps can be circumvented by a showing of gross negligence….BP + Halliburton=gross negligence. Q.E.D.

  18. [re=574291]obfuscator[/re]: Indeed, but everyone including B. Hussein knew that ReThugican/TeaTarded opposition against any Obamer nominee would be Super Fucking Retarded back some 11+ months ago; this is why you 69 million godless-communist-fascist-muslin-homosexual-hippie-mandatory-abortion-having-gun-hating-UN-loving-terrorist-coddling-humourlessly-vegan Yanks who voted for Barry O’Bama in the first bloody place are right angry that he hasn’t yet nominated some personable, razor-sharp, tree-hugging, Transgendered Illegal-immigrant libertine to the High Court.

    Better luck next time?

  19. [re=574303]Bearbloke[/re]: i guess every “liberal” candidate who reaches the white house has to deal with the left(which i would identify myself with) making accusations that he’s not being as liberal in office as he was on the campaign trail.

    kagan looks like larry summers.

  20. [re=574291]obfuscator[/re]: There’s a price to be paid for giving wingnuttery the benefit of doubt. Rahm is at this very moment, stark naked, screaming at the Obama in the locker room.

  21. [re=574307]Bearbloke[/re]: from ’33 to ’45?

    [re=574308]BMK[/re]: the double-edged sword of honest bipartisanship. he got elected at least in part on the promise to change the shitty partisanship of d.c., but that only works if the opposition isn’t a bunch of crying sociopathic titty babies.

  22. I’m telling you people – Trig and Elena Kagan. Trig and Kagan! They look exactly alike (almost. Like sage and cornflower). You never see the two of the together, do you? Can’t you see what this means?!

  23. [re=574307]Bearbloke[/re]: Before my time, but I’d say FDR…. After that, I got nothing. JFK: not in office long enough, but sure wasn’t crazy @ integration–political hot potato– I hate to say that, but true. Johnson: pro-civil rights, heart in right place, but a Texan at heart (see Vietnam War, escalation of troops)…. Clinton: Please! What a suck-up crowd pleaser… ACOA (Adult Children of Alcoholics) crave approval; I know, I’m one, I hate to admit. So, we’re stuck in the ’40s w/FDR. Next?

    [re=574279]Katydid[/re]: If you knew any of the fisherfolks/icepackers/truckers/hotels/restaurants and all the rest of the dependencies of the fishing industry of the Gulf, you’d be a little more upset. Some of these people aren’t gonna make it thru the next 9 months w/o food stamps and some help if this continues. May-June is their promise-keeper. Just the regular Joe bringing in some seafood would make $20,000 in the next 2 mos. That’s a fortune in LA, MS, and AL on the coast, and basically how they’d put food on the table and otherwise support their families. Hello, reality.

  24. [re=574314]Words[/re]: i’d argue for lbj and nixon. lbj was president when the voting rights act was passed. he didn’t push hard for it, but he recognized that the movement was there. nixon used triangulation to support the equal rights amendment and the epa was created during his presidency. i guess the trip to china was liberalish, but whatevs.

    nixon was also an imperialist scumfuck who saw the presidency as a dictatorship.

  25. [re=574318]obfuscator[/re]: Yeah, and he approved Kissinger’s plan of invading Cambodia and carpeting-bombing… He was definitely an asshole. According to history, even Ike thought his was an assohole.

    Needless to say, I am a GDI when it comes to declaring a political party affiliation.

    And I’ll give you LBJ…. He knew how to get business done. Alas, we have no one of any stature today to take the place of some of the great moderates and compromisers who knew how to get legislation for the general good of all the people done. Absolute Power corrupts.

  26. [re=574322]Words[/re]: agreed on every point. it’s interesting to note that nixon hated kissinger’s guts eternally. ike hated dick and actively worked to minimize his influence. nixon resented kissinger’s celebrity status and jews in general. watch the altman movie “secret honor”. a one-man play featuring an unhinged nixon getting drunk and railing about jfk, bohemian grove, eisenhower, etc. paranoid schizophrenia + executive power.

    i’m not sure if it’s the fault of our “liberal” politicians or the fault of their supporters. in the civil rights movement, young black/jewish/liberal college kids were willing to travel to the south to register voters and possibly get murdered. the literally put their lives on the line, and some of them died for their beliefs. where is the 2010 equivalent? the effective “liberal” president doesn’t exist if his hardcore base doesn’t force him to act.

  27. I’ll tell you what bothers me about her. Fucking Bill Kristol was gushing about how she was going to be the supreme court nominee on Fox News Sunday. He was all giddy, like he gets when he knows a bunch of the brown hued people are going to be slaughtered.

  28. [re=574324]obfuscator[/re]: Nixon was definitely a paranoid/schizophrenic. I’m really pissed @ his resurrection as a “Great Statesman”– Ah, sure, my ass!!

    I think, (and apologies to all Wonketteers for lack of snark here), and speaking for no one else, that Everyone who’s not old enough (I grant you, I wasn’t old enough to do any protesting in the 60’s w/o my parents accompanying me) to remember those times, who weren’t even born then, take the freedoms they have for granted. Yeah, I sound like an old fart, and I’m not (at least not yet). But it bugs me to see young women take for granted that they can be accepted into law school, be on the Supreme Court, and yes, have access to birth control (my mother did not; it was illegal). I personally know many young women who got illegal abortions in my state (if you could pay for it, you could get it; yes, the Republican daughters all were at the front of the line!), which fought against Roe v Wade even after it was passed.

    Boring alert: Sorry!!!! At a meeting a few weeks ago, I helped introduce two friends, young women who are trying to help advance leadership skills of collegiate disadvantaged women in our state. The women at the meeting were 2-3 generations older. One of them asked, Why do you think the Muslim women, who have so many restrictions on them in such a poor country, have the courage to stand up and work for change? The answer was, and I think it’s true, they have a NEED to change; They Are Not in a Comfort Zone. We as Americans are too comfortable.

    Not the leaders’ fault or the supporters’ fault. The people who suffered the NEED were the first to act; others then recognized the moral question and decided to act.

    Sermon over. Sorry.

  29. [re=574329]Words[/re]: ah, stupid mistake….. should read: “…… skills of disadvantaged collegiate women in our state.” ARGGGGGHHH!

    As an unemployed book editor, I will say 6 Our Fathers and 6 Hail Marys and promise never to misplace an adjective again… Mea Culpa, Mea Culpa, Mea Maxima Culpa….

  30. Everybody shut the fuck up! Obama is doing the Southern Stragedy! Just let him do his thing! Once the Dems have the South, we’ll pass a law to cover Utah with a big concrete tub and then pas some bitchin’ laws.

  31. [re=574330]Words[/re]: Mea Culpa? In which Sopranos’ episode did she whacked? Dammit. I could never keep up with that fuggin series.

    [re=574253]Extemporanus[/re]: That’s “Duke Law Center on Law, Race and Politics and Smug, Annoying, Right-wing Midgets”, William Kristol, Ed.

    RedState: Standing up for the rights of whitey since 2007

    [re=574293]WadISay[/re]: Win

  32. They can’t brand her as a “quota queen”, so what next? It’s funny to see Repubs try to make an ‘informed argument’ on this as if they’re suddenly the NPR listenin’ Party of Reflective Sociology..

  33. I think part of the wingnut fury is that the White House press people took Elena for a little “get out the butch” makeover. Now that she’s got mascara and some pretty lipstick on, they’ve lost their “she’s a man, babee” talking point.

  34. RedState – the monkeys of the intertubes. They fling their poo at anything that walks by their cage and hope some of it sticks.

  35. the floating exchange rate will go down in my book (as yet unpublished) as the most radical policy of the Nixon admin. Had to happen, and it took balls to implement it….kinda like what Health care reform should have been.

  36. [re=574328]FlipOffResearch[/re]: …Fucking Bill Kristol was gushing about how she was going to be the supreme court nominee on Fox News Sunday…
    He must have confused her with the war mongering Kagans, then. He seems to have discovered the mistake. Here is Sullivan’s comment (link to Kristol’s article included there):
    Every now and again, the vileness of Bill Kristol’s McCarthyite tendencies are simply impossible to miss.

  37. [re=574329]Words[/re]: “But it bugs me to see young women take for granted that they can be accepted into law school, be on the Supreme Court, and yes, have access to birth control.”

    Want to know what bugs me? First-wavers and elder stateswomen complaining about how young women are now able to pursue their goals without even thinking about the glass ceiling and all that. I thought the whole idea was for girls not to grow up with a whole bunch of baggage about what is or isn’t an appropriate aspiration for a young woman. If you’ve got girls applying to law school without it even crossing their minds that they won’t be admitted because of their gender, or that there’s something weird about them even wanting to go, then hooray, right? Only no hooray, because now those girls are growing up not experiencing the sexism their foremothers experienced, and it’s JUST NOT FAIR. Young professional women now get to contend with the vestiges of classical sexism AND the resentment of their older counterparts. It’s why you never wear a suit with trousers if you’re appearing before a female judge.

  38. She grew up in the Upper West Side of Manhattan liberal tradition. She probably encountered as many persons of color as you’ll find in your average Woody Allen movie.

  39. [re=574403]Lake Affected[/re]: It’s why you never wear a suit with trousers if you’re appearing before a female judge.

    Although if you are a male attorney who shows up without trousers before a female judge, you might be charged with contempt. So unfair!

  40. [re=574512]the problem child[/re]: You’ve got a point. There is a difference between being viewed with contempt, and being charged with it.

    Know what would take care of all this wardrobe-related sniping in America’s courtrooms, though? Wigs. Like the Brits do it. Take a traditional coiffure that dates from a time when women weren’t judges or barristers, and that women didn’t wear in the first place, and make everyone wear it. But, don’t go full-coif, where you powder the rest of your hair to match and arrange it in harmony with the hairpiece. Just have everyone, male and female, kind of plop it on top of their heads like a hat. Everyone will look so good, they won’t have time to think about sexism or generational resentment.

  41. Okay so is she a lesbian or not? Surely somebody has been at Harvard who can say.

    Or am I just the only liberal not in the loop, not realizing I’m supposed to shut up about it until after the confirmation? I’d get that. I just wanna know! How can this be so ambiguous in the age of the internets? Hasn’t one goddamned person seen her holding her girlfriend’s hand or something?!! Under normal circumstances spotting her hauling something in a truck or the mere reality of her hairdo would be good enough, but this is scotus so there is a higher standard.

  42. [re=574523]Lake Affected[/re]: Actually, I was trying to respond to Obfuscator’s question @ why Obama isn’t implementing some of the changes he advocated and said he’d help make happen as president; O’s point was we don’t have the leaders in the progressive movement to back up anything that would be real change (see Health Care Reform). I have no problem w/the young women of today; I do cheer them on…. I just wish they’d stop taking their kids to fine dining establishments and then proceed to ignore them when they run crazy, chasing each other and screaming.

    I like the wig idea…. Could they dye them different colors? That would add a little spice to the arguments.

  43. [re=574560]Words[/re]: The way the wig is worn in current British legal proceedings really epitomizes the distinction and refinement of the institution of justice–I wouldn’t change a thing. The excitement is in the way those stiff, newsprint-colored curls contrast so boldly with the natural hair colors and textures, not to mention all the tints created by 21st century hair-processing technology, of the barristers and high court judges.

    Elena Kagan could really take this look in new directions, I think.

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