Feb 24, 2010 by Bruce
More SCOTUS vacancy speculation
First it was: How will the Scott Brown victory in Massachusetts impact this summer’s choice of a replacement for the almost-certainly retiring Justice Stevens? Then there was speculation that there might be TWO vacancies, Stevens and Ginsburg.
Now we hear from another Supreme Court expert, Tom Goldstein at SCOTUSblog that the President’s domestic policy problems this year will augur for a moderate nominee with no baggage involving controversial positions, like – Elena Kagan.
Stop. What?
Does he mean the same Elena Kagan who e-mailed the entire Harvard Law School faculty and student body (she was the law school Dean) about her “deep distress” over the military’s “don’t ask, don’t tell” policy. She said she “abhorred” DADT and called it a “profound wrong – a moral injustice of the first order.” She signed on to a Supreme Court legal brief opposing the DADT-related Solomon Amendment (requiring universities that accept federal funding to allow military recruiters on campus), a position that the Supreme Court rejected 9-0. Let me say that again. She was dead wrong by a 9-0 vote.
And it’s not just the fact that she was 180 degrees wrong on the constitutional arguments about DADT, but the underlying cause for it that’s important. In case you’re not quite understanding this, let me say it plainly: Her support for the homosexual agenda is so strong that it clouds her ability to think impartially on the subject. As I discussed in a previous post referenced above, she and Professor Feldblum, another much-discussed potential nominee, are near-certain votes for all things gay.
With the Perry marriage case working its way toward the Supreme Court over the next few years, I’m thinking that if President Obama is looking for a moderate this summer, a sure vote to redefine marriage is a non-starter for most Americans.
(note: to prevent a few unnecessary reader e-mails, I’m aware that the Solomon amendment case came out differently at the Third Circuit. But when you lose Justice Ginsburg and the other three SCOTUS libs, you’re not even close.)