Law in Contemporary Society

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ElenaKagan 28 - 29 Jun 2010 - Main.JenniferGreen
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 Is anyone else disappointed with this nomination (from a non liberal/conservative point of view)?

I think it is terribly disappointing that we keep getting these Ivy League judges on the Supreme Court. Sure, Kagan has no "bench" experience, so in that aspect she is diverse. She is also female, which may be needed. But, she is still what at least 7 out of the other 8 are on the court: legal intellectuals. Frankly, I would have liked to have seen (and would like to see in the future) non-intellectuals grace the halls of the court again. There used to be a time when one did not have to go to an Ivy league law school to be on the court. Now, it is a prerequisite. And, I can't think of a nominee that would be a bigger intellectual than Kagan: law prof turned Harvard Law School Dean. But, I don't know the woman, so, maybe I'm wrong.

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 This Time article argues that Kagen could be adept at winning over conservative Justices. And the supporting evidence offered by the author is something like the fact that she hired several conservatives when she was the HLS dean. Let's wait and see.

-- WenweiLai - 29 Jun 2010

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Is anyone else disturbed by some of the Senators' post-facto trial of Thurgood Marshall? Regardless of one's poltical affiliation, I think Republicans are treading in dangerous waters by trying to de-legitimize Kagan by aligning her with Justice Marshall, a hero and trailblazer to so many. Further, am I missing something? Is it so wrong that the court should be used, not as a tool of political activism -- as some would falsely suggest Justice Marshall believed it should be -- but as medium through which to advance principles of social justice? Obviously, I have a special place in my heart for the likes of Thurgood Marshall -- my grandparents attended segregated schools, not by choice; I didn't. This is largely attributable to him, which is but one example of his efforts to advance the rights of all people.

The proposition that the court should be used to advance the interests of not only the advantaged and those who occupy positions of privilege in society, but also for those who don't, is simply not worth debating. By using Justice Marshall to attempt to make a case about Kagan's potential judicial philosophy, Senate "spin doctors" are pissing on his legacy. All in all, though, I respect Kagan's handling of the inquiry, regardless of how absurd it is.

-- JenniferGreen - 29 Jun 2010

 
 
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Revision 28r28 - 29 Jun 2010 - 16:34:41 - JenniferGreen
Revision 27r27 - 29 Jun 2010 - 09:49:06 - WenweiLai
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