{"id":35749,"date":"2010-06-28T01:01:01","date_gmt":"2011-05-19T00:50:31","guid":{"rendered":""},"modified":"2011-05-19T00:50:31","modified_gmt":"2011-05-19T00:50:31","slug":"the_kagan_rubber_stamp_hearings","status":"publish","type":"post","link":"https:\/\/admin.rushlimbaugh.com\/daily\/2010\/06\/28\/the_kagan_rubber_stamp_hearings\/","title":{"rendered":"The Kagan Rubber-Stamp Hearings"},"content":{"rendered":"
\n

RUSH: George Will had a piece over the weekend, ‘More Questions for Nominee Elena Kagan,\u2019 and I\u2019d love to see her answer just one of these. George Will writes in the Washington Post: ‘Pursuant to <\/a>Elena Kagan\u2019s 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\u2019: 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?\u2019 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\u2019s the problem? <\/p>\n

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\u2019 of corruption, how do you square the First Amendment with Congress restricting speech in order to regulate how things ‘appear\u2019 to unspecified people? … Some persons argue that our nation has a ‘living\u2019 Constitution; the court has spoken of ‘the evolving standards of decency that mark the progress of a maturing society.\u2019 But Justice Antonin Scalia, speaking against ‘changeability\u2019 and stressing ‘the whole antievolutionary purpose of a constitution,\u2019 says ‘its whole purpose is to prevent change — to embed certain rights in such a manner that future generations cannot readily take them away. <\/p>\n

‘A society that adopts a bill of rights is skeptical that ‘evolving standards of decency\u2019 always ‘mark progress,\u2019 and that societies always ‘mature,\u2019 as opposed to rot.\u2019 Is he wrong?\u2019 Now, this is a great question. What Scalia means here is the left talks about ‘evolving standards\u2019 and ‘as people mature,\u2019 when he\u2019s really referring to is morality being ripped to shreds. The whole notion of ‘evolving standards of decency,\u2019 as in defining deviance downward is always ‘progress\u2019 and ‘society matures\u2019 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.\u2019 <\/p>\n

‘The 14th Amendment says no state may abridge ‘the privileges or immunities\u2019 of U.S. citizens. How should the court determine what are the ‘retained\u2019 rights and the ‘privileges or immunities\u2019?\u2019 I would looooove to hear her answer that. My guess is they wouldn\u2019t know what the question\u2019s talking about. Anyway there are a bunch more of these, but it\u2019s going to be fascinating. It\u2019s a rubber-stamp what\u2019s going on. The Republican, Jeff Sessions, is talking about, ‘Weeeeell, you know, we might filibuster. We\u2019re going to hold that open as a possibility,\u2019 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\u2019s there as a sponge. She is a rubber stamp for Barack Obama. This is essentially putting a czar on the Supreme Court. <\/p>\n

BREAK TRANSCRIPT<\/line> <\/line>RUSH: One of the reasons we don\u2019t 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\u2019s on First,\u2019 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\u2019s 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\u2019s face it, every state\u2019s a western state when it comes to guns. They\u2019re going to be talking about the Second Amendment with regard to the court nominee, Elena Kagan.\u2019 <\/line><\/p>\n

TURLEY: It\u2019s going to come up. They\u2019re likely to ask if she agrees with the decision. She\u2019s likely to say she hasn\u2019t 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\u2019re not sympathetic with gun rights? This was also an issue during the Sotomayor hearings where she was also viewed as unsympathetic.<\/p>\n

RUSH: All right. So here we have Jonathan Turley advising Elena Kagan on how to answer the gun question which basically is, don\u2019t answer it, and don\u2019t even go to it on the stare decisis way, which precedent. But she has made it clear that she\u2019s not sympathetic with gun rights. If she were on the Supreme — well, the vote wouldn\u2019t have changed because she\u2019s 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\u2019t matter. <\/p>\n

BREAK TRANSCRIPT<\/p>\n

RUSH: By the way, Elena Kagan has compared the National Rifle Association to the KKK. Just saying. Just so you know.<\/p>\n

BREAK TRANSCRIPT<\/p>\n

RUSH: No, it\u2019s 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.<\/p>\n

BREAK TRANSCRIPT<\/p>\n

RUSH: I have to note here, ladies and gentlemen: Elena Kagan is wearing Democrat infidelity blue today, the standard issue infidelity blue suit. That\u2019s the color of blue worn by Democrat wives at the ‘I\u2019m sorry\u2019 press conference when they stand by their husbands who have cheated on them. You can\u2019t miss it. It\u2019s the same shade. They even have a name for it: Democrat Infidelity Blue sit. And the requisite pearls. It\u2019s a giant collar out there with huge black buttons. <\/p>\n

BREAK TRANSCRIPT<\/p>\n

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\u2019 Schonfeld, the founder of CNN said (paraphrased) ‘This is it! That\u2019s it! I can\u2019t believe they\u2019ve done this. They\u2019ve hired ‘Client No. 9\u2019 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\u2019s a reasonable conservative. Eliot Spitzer. They\u2019re saying it\u2019s 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\u2019s nothing special. I\u2019m thinking of becoming an astronaut. At least that\u2019s something unique. <\/p>\n

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\u2019t, and the way they get them is unheard of. Do you realize Walter ‘Klondike\u2019 would be spinning in his grave to realize that an all-news network had hired Client No. 9 for an eight o\u2019clock 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\u2019s Jeff Sessions; three sound bites, opening statement. Elena Kagan, I\u2019m sure they\u2019ve rehearsed her. That\u2019s 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\u2019s supposed to show no emotion. ‘Just sit there, don\u2019t frown, don\u2019t smile, don\u2019t show any response,\u2019 and she\u2019s done a good job of that. Her stoneface looks good. She looks perturbed but she looks at least perturbed all the time. It doesn\u2019t matter who\u2019s speaking so at least it\u2019s consistent.<\/p>\n

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\u2019s effort to block congressional restrictions on partial-birth abortions. During her time as dean at Harvard, Ms. Kagan reversed Harvard\u2019s 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.<\/p>\n

RUSH: Sessions next says that her idea that the government has the right to suppress speech is breathtaking.<\/p>\n

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\u2019s Common Sense. To suggest that the government now has the power to suppress that kind of speech is breathtaking.<\/p>\n

RUSH: And in this bite he says that she\u2019s nothing but an Obama clone, which is right on the money.<\/p>\n

SESSIONS: In the wake of one of the largest expansions of government power in history, many Americans are worried about Washington\u2019s 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\u2019ve 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\u2019s health care system, and burdened generations of Americans with crippling debt.<\/p>\n

RUSH: Alabama Senator Jeff Sessions\u2019 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\u2019s church out there with McCain and he said of Clarence Thomas: ‘I would not have nominated Clarence Thomas. I don\u2019t 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.\u2019 Somehow, Elena Kagan is ‘enough of a jurist or legal thinker\u2019 to be elevated to the Supreme Court. By the time he was nominated Clarence Thomas had worked in the Missouri Attorney General\u2019s Office. He had served as an assistant secretary of education. <\/p>\n

He had run the EEOC, Equal Employment Opportunity Commission. He sat for a year on the DC Circuit Court of Appeals, the nation\u2019s second most prominent court, and since his elevation to the high court in 1991 he\u2019s also shown himself to be a principled and scholarly jurist. What has Elena Kagan done? For that matter, what was Obama\u2019s background before being elected president? Kagan\u2019s entire hearings this week, you know the way to think about this? Kagan\u2019s entire hearings this week is just going to be an exercise in ‘don\u2019t ask, don\u2019t tell.\u2019 That\u2019s all this is. Don\u2019t ask for anything, and Miss Kagan don\u2019t tell anything. ‘Don\u2019t ask, don\u2019t tell.\u2019 That\u2019s what\u2019s going on.<\/p>\n","protected":false},"excerpt":{"rendered":"

RUSH: George Will had a piece over the weekend, ‘More Questions for Nominee Elena Kagan,\u2019 and I\u2019d love to see her answer just one of these. George Will writes in the Washington Post: ‘Pursuant to Elena Kagan\u2019s expressed enthusiasm for confirmation hearings that feature intellectual snap, crackle and pop, here are some questions the Senate […]<\/p>\n","protected":false},"author":25,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","ngg_post_thumbnail":0},"categories":[],"tags":[],"yoast_head":"\nThe Kagan Rubber-Stamp Hearings - The Rush Limbaugh Show<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.rushlimbaugh.com\/daily\/2010\/06\/28\/the_kagan_rubber_stamp_hearings\/\" \/>\n<meta name=\"twitter:card\" content=\"summary\" \/>\n<meta name=\"twitter:title\" content=\"The Kagan Rubber-Stamp Hearings - The Rush Limbaugh Show\" \/>\n<meta name=\"twitter:description\" content=\"RUSH: George Will had a piece over the weekend, ‘More Questions for Nominee Elena Kagan,\u2019 and I\u2019d love to see her answer just one of these. 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