Kagan's lack of a record
One of the difficulties in assessing Kagan's judicial philosophy and view of the Constitution is that direct evidence is extremely sparse. That's not only because she's never been a judge, but also because (a) her academic career is surprisingly and disturbingly devoid of writings or speeches on most key legal and Constitutional controversies, and (b) she has spent the last year as Obama's Solicitor General, where (like any lawyer) she was obligated to defend the administration's policies regardless of whether she agreed with them. As Goldstein wrote at SCOTUSblog: "it seems entirely possible that Elena Kagan does not really have a fixed and uniform view of how to judge and to interpret the Constitution."
As I've previously documented and examine further below, the evidence that is available strongly suggests that a Kagan-for-Stevens substitution would move the Court to the Right in critical areas. But Kagan's lack of a real record on these vital questions, by itself, should cause progressives to oppose her nomination.
Man sentenced for ‘Jewish lobby’ list
ROME (JTA) -- A Rome court has sentenced a man to six months in jail for having posted a list of 162 academics on his blog and describing them as members of an alleged "Jewish lobby."In a verdict handed down April 8, Paolo Munzi, 42, was convicted of defamation. But he was acquitted of having violated privacy laws and a law against instigating racial hatred.In February 2008, Munzi posted a list of 162 people, most of them university professors, and described them in negative terms as members of a Jewish lobby supporting Israel. Some of the professors on the list were not Jewish but had signed pro-Israel petitions. The blog had links to far-right and anti-Israel Web sites, calls to boycott Israel, and Holocaust deniers.
Having lived and worked in education in Italy for many years, I can confirm as far as I could see, listings of academic staff for Italian universities, particularly those for senior posts, read like an attendance list at the local synagogue. I have lost count of the number of times I have overheard junior academic staff at Rome's universities comment that their chances of making professor let alone chairing a faculty are almost nil if they were "unlucky enough" not to be born into the self-styled "most picked on group of people in the world".While I don't agree that naming names is the first line of attack against the problem of rampant cronyism and the rule of a tribal academic mafia, perhaps it has reached the stage that nothing else will suffice.
For the danger that Jewish judges represent to the US legal system, see Red Herring: Resisting Islamic Law.
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