RUSH: George Will had a piece over the weekend, ‘More Questions for Nominee Elena Kagan,’ and I’d love to see her answer just one of these. George Will writes in the Washington Post: ‘Pursuant to Elena Kagan’s expressed enthusiasm for confirmation hearings that feature intellectual snap, crackle and pop, here are some questions the Senate Judiciary Committee can elate her by asking: — Regarding campaign finance ‘reforms’: If allowing the political class to write laws regulating the quantity, content and timing of speech about the political class is the solution, what is the problem?’ Let me translate that for you. McCain-Feingold. If McCain-Feingold and the elected political class, if allowing them to write laws regulating who can say what, when, and with where and how much they can spend on speech about political issues, what’s the problem?
The problem is precisely that! The political class is writing laws excluding anybody not in their club. ‘– If the problem is corruption, do we not already have abundant laws proscribing that? — If the problem is the ‘appearance’ of corruption, how do you square the First Amendment with Congress restricting speech in order to regulate how things ‘appear’ to unspecified people? … Some persons argue that our nation has a ‘living’ Constitution; the court has spoken of ‘the evolving standards of decency that mark the progress of a maturing society.’ But Justice Antonin Scalia, speaking against ‘changeability’ and stressing ‘the whole antievolutionary purpose of a constitution,’ says ‘its whole purpose is to prevent change — to embed certain rights in such a manner that future generations cannot readily take them away.
‘A society that adopts a bill of rights is skeptical that ‘evolving standards of decency’ always ‘mark progress,’ and that societies always ‘mature,’ as opposed to rot.’ Is he wrong?’ Now, this is a great question. What Scalia means here is the left talks about ‘evolving standards’ and ‘as people mature,’ when he’s really referring to is morality being ripped to shreds. The whole notion of ‘evolving standards of decency,’ as in defining deviance downward is always ‘progress’ and ‘society matures’ when it decides that giving condoms to fifth graders, which is a story in the stack today, is progress. George Will wants to know of Elena Kagan: Is Scalia wrong here? ‘– The Ninth Amendment says: ‘The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.’
‘The 14th Amendment says no state may abridge ‘the privileges or immunities’ of U.S. citizens. How should the court determine what are the ‘retained’ rights and the ‘privileges or immunities’?’ I would looooove to hear her answer that. My guess is they wouldn’t know what the question’s talking about. Anyway there are a bunch more of these, but it’s going to be fascinating. It’s a rubber-stamp what’s going on. The Republican, Jeff Sessions, is talking about, ‘Weeeeell, you know, we might filibuster. We’re going to hold that open as a possibility,’ and I believe Sessions and I believe that he would like to do it if the situation warrants, and it probably will. This woman is no more qualified to be on the Supreme Court, folks, than I am. She’s there as a sponge. She is a rubber stamp for Barack Obama. This is essentially putting a czar on the Supreme Court.
RUSH: One of the reasons we don’t know anything about Elena Kagan is that she has almost never written anything, which sorta asks the question, how in the world does somebody get a job as a lecturer at the University of Chicago law school without publishing anything prior to getting the job? How did Ms. Kagan get to be dean of Harvard Law School without publishing anything? We know the answer to this. It is a little clique, or a big clique. She interviews well, reminds some people of Lou Costello, have a sentimental attachment there, ‘Who’s on First,’ whatever, any number of reasons that liberals advance each other in their little clubs. Now, get this. I mentioned earlier that I would love to see her answer a question about the Supreme Court’s majority ruling today on the Second Amendment, the McDonald case in Chicago. This afternoon on MessNBC Live, special coverage, Chris Matthews spoke with George Washington University law school professor Jonathan Turley about the decision today and the Second Amendment. Matthews said, ‘Let’s face it, every state’s a western state when it comes to guns. They’re going to be talking about the Second Amendment with regard to the court nominee, Elena Kagan.’
TURLEY: It’s going to come up. They’re likely to ask if she agrees with the decision. She’s likely to say she hasn’t read the decision, which would be quite plausible. They are more likely to press her on whether she considers this set by stare decisis. Senators will ask her, you know, if this comes back up to you in a year, two years, four years, are you gonna follow stare decisis, or are you going to follow that earlier view you say as a clerk, that you’re not sympathetic with gun rights? This was also an issue during the Sotomayor hearings where she was also viewed as unsympathetic.
RUSH: All right. So here we have Jonathan Turley advising Elena Kagan on how to answer the gun question which basically is, don’t answer it, and don’t even go to it on the stare decisis way, which precedent. But she has made it clear that she’s not sympathetic with gun rights. If she were on the Supreme — well, the vote wouldn’t have changed because she’s replacing a lib. But she would have voted against the Second Amendment, this woman. This is what needs to be known by everybody, she would have voted against the Second Amendment. And the trick is going to be getting her to say so. But we all know it. It doesn’t matter.
RUSH: By the way, Elena Kagan has compared the National Rifle Association to the KKK. Just saying. Just so you know.
RUSH: No, it’s in 1996, Kagan involved in investigating a bill about volunteer charities during the Clinton administration. Two memos have surfaced that showed that she offered to investigate to make sure that bad guys would not benefit from the bill, and she identified two groups, bad guys like the NRA, she mentioned first, and the KKK. Elena Kagan.
RUSH: I have to note here, ladies and gentlemen: Elena Kagan is wearing Democrat infidelity blue today, the standard issue infidelity blue suit. That’s the color of blue worn by Democrat wives at the ‘I’m sorry’ press conference when they stand by their husbands who have cheated on them. You can’t miss it. It’s the same shade. They even have a name for it: Democrat Infidelity Blue sit. And the requisite pearls. It’s a giant collar out there with huge black buttons.
RUSH: Jeff Sessions, Republican Senator from Alabama dismantled Elena Kagan today in his opening statement. Now, in addition to Solicitor General Kagan decked out in Democrat infidelity blue, she has practiced and been rehearsing the aggrieved Democrat wife stoneface. You remember when Eliot Spitzer, Client No. 9…? How about CNN? Can you believe this? Maurice ‘Reese’ Schonfeld, the founder of CNN said (paraphrased) ‘This is it! That’s it! I can’t believe they’ve done this. They’ve hired ‘Client No. 9’ Eliot Spitzer and Kathleen Parker, who has made her bones by being conservative, who attacks conservatives as a columnist for the Washington Post. Yeah, she’s a reasonable conservative. Eliot Spitzer. They’re saying it’s not going to be a revival of Crossfire, but what message does this send? (laughing) You want to work at CNN? Go hire a prostitute and get caught! Anybody can be in the media today. It’s nothing special. I’m thinking of becoming an astronaut. At least that’s something unique.
My God, ditzy housewives that break into the White House get a TV show these days! There are more people that have TV shows than don’t, and the way they get them is unheard of. Do you realize Walter ‘Klondike’ would be spinning in his grave to realize that an all-news network had hired Client No. 9 for an eight o’clock primetime show to discuss the issues! Think of Edward R. Murrow. Think of William Paley. These days William Paley could be a host on his own network. At any rate, back to the matter at hand here. He’s Jeff Sessions; three sound bites, opening statement. Elena Kagan, I’m sure they’ve rehearsed her. That’s standard operating procedure. They put her in a room and they have people pretend to be Senators and say the most insulting things about her record that are taken out of context and she’s supposed to show no emotion. ‘Just sit there, don’t frown, don’t smile, don’t show any response,’ and she’s done a good job of that. Her stoneface looks good. She looks perturbed but she looks at least perturbed all the time. It doesn’t matter who’s speaking so at least it’s consistent.
SESSIONS: The nominee was the central figure in the Clinton-Gore effort to restrict gun rights, and as a dramatic 5-4 decision today in the McDonald case shows the personal right of every American to own a gun hangs by a single vote on the Supreme Court. Miss Kagan was also the point person for the Clinton administration’s effort to block congressional restrictions on partial-birth abortions. During her time as dean at Harvard, Ms. Kagan reversed Harvard’s existing policy and kicked the military out of the recruiting office in violation of federal law. Her actions punished the military and demeaned our soldiers as they were courageously fighting for our country in two wars overseas.
RUSH: Sessions next says that her idea that the government has the right to suppress speech is breathtaking.
SESSIONS: Miss Kagan told the court that the speech and press guarantees in the First Amendment would allow the federal government to ban the publication of pamphlets discussing political issues before an election. I would remind my colleagues that the American Revolution was, in no small part, spurred by just such political pamphlets. Thomas Paine’s Common Sense. To suggest that the government now has the power to suppress that kind of speech is breathtaking.
RUSH: And in this bite he says that she’s nothing but an Obama clone, which is right on the money.
SESSIONS: In the wake of one of the largest expansions of government power in history, many Americans are worried about Washington’s disregard for limits on its power. Americans know that our exceptional Constitution was written to ensure that our federal government is one of limited, separated powers, and part of a federal state system with individual rights reserved to our free people. But we’ve watched as the president and Congress have purchased ownership shares in banks, nationalized car companies, seized control of the student loan industry, taken over large sectors of our nation’s health care system, and burdened generations of Americans with crippling debt.
RUSH: Alabama Senator Jeff Sessions’ opening statement to Elena Kagan today. By the way, speaking of just Thomas as we did in the first hour of the program: Do you remember when Obama was out at Saddleback Church, Rick Warren’s church out there with McCain and he said of Clarence Thomas: ‘I would not have nominated Clarence Thomas. I don’t think Clarence Thomas was a strong enough jurist or legal thinker at the time for that elevation, setting aside the fact I profoundly disagree with his interpretation of a lot of the Constitution.’ Somehow, Elena Kagan is ‘enough of a jurist or legal thinker’ to be elevated to the Supreme Court. By the time he was nominated Clarence Thomas had worked in the Missouri Attorney General’s Office. He had served as an assistant secretary of education.
He had run the EEOC, Equal Employment Opportunity Commission. He sat for a year on the DC Circuit Court of Appeals, the nation’s second most prominent court, and since his elevation to the high court in 1991 he’s also shown himself to be a principled and scholarly jurist. What has Elena Kagan done? For that matter, what was Obama’s background before being elected president? Kagan’s entire hearings this week, you know the way to think about this? Kagan’s entire hearings this week is just going to be an exercise in ‘don’t ask, don’t tell.’ That’s all this is. Don’t ask for anything, and Miss Kagan don’t tell anything. ‘Don’t ask, don’t tell.’ That’s what’s going on.