GOP Sees Path to Control of Senate by Naftali BenDavid The Wall Street Journal July 19 2010-07-19
Dems Start to Panic as Reality of Midterm Woes Sets In By Mark Halperin Time Jul.19 2010
This means that, with a good chance that the Democratic control of the Senate will at least be severly weakened, it is time for the GOP to wake up and act on the idea floated by my favorite Senator, Jeff Sessions (R-AL): Filibuster Kagan!
Jeff Sessions on Kagan: "Filibuster Is Not Off The Table" by Jason Mattera Human Events 7/15/10
Filibustering is a grim tactic, so reality needs to be re emphasized: this is not a Judgeship the Senate is deliberating about. It is a lifetime super-legislative post, more analogous to control of a Senate committee than one or even several Senate seats.
Kagan was honest about this in the hearings: she believes she has the right as a Justice to impose her own prejudices:
Kagan also made clear that she doesn’t share the ”originalist” approach of Justices Antonin Scalia and Clarence Thomas, who say the Constitution should be interpreted in line with the meaning of its provisions when they were adopted. Kagan said originalism can’t answer every constitutional question, in part because justices today confront issues that the framers of the Constitution didn’t envision. ”The Constitution does not change, but the court must apply it to changing conditions,”Kagan Says Justices Aren't Umpires in Departure From Roberts By Greg Stohr and Laura Litvan Bloomberg July 01, 2010
How much clearer could she be?
This attitude might be tolerable if Kagan were representative of America. But in fact she is a product of Manhattan’s Upper West Side, arguably the primary tumor in the US body politic and also an area of ethnocentric parochialism which has to be experienced to be believed.
Gallup reports that Kagan’s support is extremely low:
If confirmed, Kagan would be the first successful nominee in recent years whose nomination was backed by less than a majority of Americans in the final poll before the Senate confirmation voteand that 60% of Republicans are opposed. Can the Stupid Party at least muster enough sense to do something to motivate its supporters?