Kagan confirmation vote a sign of future troubles
With yesterday’s Senate confirmation, Elena Kagan is now a Supreme Court justice. She has the intellect and experience to do well in that post.
For the moment, though, I’d like to focus on the fact that 37 senators voted against her confirmation, which is perilously close to the 40 votes that would have been required to filibuster her nomination. I think that’s an ominous sign, confirming a sense that American government is coming close to a breakdown.
As an Obama nominee, Kagan is of course going to be different than, say, a Palin or Romney or Gingrich nominee. That’s how the system works. The right to make such nominations is part of the “spoils of war” that come with winning the presidency. Historically, the Senate has respected that reality.
Kagan is also well within the legal mainstream and eminently qualified for the court. In fact, one of the worst things you could say about her is that she has spent her life and career trying to avoid controversies that might prevent confirmation. Some Senate Republicans have tried to make an issue of the fact that she had never served as a judge, but on that too she falls well within the historical norm. Roughly a third of our Supreme Court justices had no prior experience on the bench, including the late Chief Justice William Rehnquist, who became a conservative legal icon.
So the fact that 37 senators nonetheless voted against an utterly mainstream, determinedly “safe” nominee such as Kagan ought to be taken as a serious warning sign. Most of those votes weren’t against her as a individual, they were a statement of general political opposition and would have been cast against any nominee that Obama was likely to propose.
“We are well on our way to a huge train wreck,” Tom Goldstein, a veteran Supreme Court litigator, told Politico. “I do think this is a corner we won’t be able to turn back [from], or at least there’s no sign the Senate will turn back from, for a long time.” If 60 “yes” votes “is the best anyone is going to have, a Supreme Court confirmation fight could easily turn into thermonuclear war.”
Sen. Lindsay Graham, one of five Republicans to vote for Kagan, is among those worried.
“Things are changing,” he said. “I worry the direction we’re drifting. I don’t question any of my colleagues’ decisions; I would just like to get us back to more traditional ‘advice and consent,’ where the [presidential] election is respected. I worry about where this takes us as a nation with the judiciary.”
In 1986, Antonin Scalia was confirmed by 98-0. Five years ago, John Roberts was confirmed by a vote of 78-22, with 22 Democrats voting for him. In 2006, Samuel Alito was confirmed by just 58-42, with just four Democrats voting for him, indicating that both parties are edging closer to the line. As Graham notes, the trend is ominous, threatening not just future Supreme Court nominees but the overall ability of government to conduct necessary business.
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967 comments Add your comment
RW-(the original)
August 16th, 2010
11:21 am
I know there is evidence to the contrary, but i still think he was a republican plant.
larry,
Why? Wouldn’t it make more sense to try some shenanigans somewhere that the seat wasn’t completely safe?
Southern Comfort
August 16th, 2010
11:36 am
I agree with you 150% on that one. That’s how.
I’ve saved Monds website and will research him when I get time. That may be my saving grace on that office.
Southern Comfort
August 16th, 2010
11:41 am
Greene was merely a case in point of why we need an informed electorate. Who knows, maybe he could somehow defeat DeMint and usher in change to Congress. That, and pink unicorns will lead the Macy’s Thanksgiving Parade.
RW-(the original)
August 16th, 2010
11:47 am
SoCo,
I think the pink unicorns are far more likely.
RW-(the original)
August 16th, 2010
11:51 am
Damn Russian border patrol just refusing to do their jobs
Southern Comfort
August 16th, 2010
11:54 am
RW
Pink unicorns wearing purple tutu’s at that!!!
Seems like Russia needs comprehensive border security reform too.
Bruno
August 16th, 2010
11:59 am
I’m disappointed in the regular morning crew for not finding the open thread.
Big job interview today. I’m feeling a little bit lucky, bought Cisco stock on Friday near the bottom. I’m up $.60 per share this AM.
SC–I want to encourage you to consider teaching. My friend’s wife just retired after 30 years, and is going to receive a $60K per year pension. Not bad dough for putting up with the brats. Seriously, you are extremely intelligent and have a good heart, a great combo for teaching.
RW-(the original)
August 16th, 2010
12:04 pm
I need a little help from our musical historians. Yesterday on This Day in History for 1969 it said Woodstock Music & Art Fair opens and today it says the Woodstock Rock Festival begins. Looking it up it says there were acts on the 15th so is there a distinction here or are the stoners at This Day in History taking the brown acid?
stands for decibels
August 16th, 2010
12:09 pm
today it says the Woodstock Rock Festival begins. Looking it up it says there were acts on the 15th
Jimi’s Stratocaster bent the space-time continuum with his cover of “Star Spangled Banner.”
Southern Comfort
August 16th, 2010
12:09 pm
RW
Here’s what I found thanks to the good googley…
Woodstock 1969 Lineup
Day One: Friday, August 15 1969
Bruno
August 16th, 2010
12:11 pm
No help from me on your question, RW. I was only 9 years old at the time, a few years away from my partying days.
As a small, related point of rock history, Bill Graham, the legendary promoter, considered Woodstock to be a total disaster, and is quoted as saying: “A couple of years ago, a couple of geniuses put on something called Woodstock Festival. It was a tragedy. Groups recognized that they could go into larger cattle markets, play less time and make more dollars. What they’ve done is to destroy the rock industry.”
Southern Comfort
August 16th, 2010
12:12 pm
in essence, I’m voting for the acid.
Bruno
August 16th, 2010
12:17 pm
“in essence, I’m voting for the acid.”
You may not want to put that on your resume to become a teacher.
BTW, are you a fan of Room 222? I just finished up Season 1 on DVD and loved it. Miss McIntyre (Denise Nicholas) is quite the dish. She was married to Bill Withers for a short time in the early 70s.
http://www.youtube.com/watch?v=g3hBYTkI-sE
RW-(the original)
August 16th, 2010
12:18 pm
SoCo,
Thanks. Looking at the Day 1 acts it doesn’t seem like they should be in some separate “art” category. I had no idea the four days were Friday through Monday either. Must be the same people who scheduled the current Braves/Dodgers series.
Southern Comfort
August 16th, 2010
12:22 pm
That could possibly help me get hired as a chemistry teacher, although physics was my favorite science. I haven’t watched Room 222, but I do know Ms. Nicholas from In the Heat of the Night and other stuff. Haven’t seen her lately, but she would have qualified as a hottie in my book.
Southern Comfort
August 16th, 2010
12:23 pm
RW
It’s thosed darned government schedulers!!!! They can’t do anything right.
Bruno
August 16th, 2010
12:28 pm
“Must be the same people who scheduled the current Braves/Dodgers series.”
You might be right, RW, especially considering they chose Sha-Na-Na to open for Hendrix.
From all personal accounts I have heard, Woodstock was one big, muddy, miserable mess. It only became great later in legends. The Grateful Dead felt that they put on one of the worst performances of their careers and had to deal with being electrically shocked due to the rain and faulty grounding.
Bruno
August 16th, 2010
12:33 pm
Every time I check on CSCO, it goes up another 2 cents. First thing I’ve done right in months. Now I have to decide how greedy I should be……
Southern Comfort
August 16th, 2010
12:38 pm
First Cynthia put up a Obama mosque thread, and now Kyle has done it. That horse will become glue in no time flat. Not to mention, we’ll have some nice horsehide to turn into a vest and chaps or something.
Hillbilly Deluxe
August 16th, 2010
12:39 pm
And what ever became of Karen Valentine and Judy Strangis?
Bruno
August 16th, 2010
12:44 pm
HD–Two more hotties from Room 222. I’ve found many shows don’t hold up well over the years, e.g. Laugh-In. Room 222 did hold up well, and I’m glad I bought it. Reminds me of my days before I became irreversibly corrupted.
Southern Comfort
August 16th, 2010
12:49 pm
Bruno
In my younger days (sounds funny when I say that), it was all about kung-fu theater. I bought a few of the titles in the flying guillotine series and have been watching those all weekend. It almost makes me want to sign up for martial arts classes.
Bruno
August 16th, 2010
12:53 pm
SC–Another TV series that I bought was Kung Fu with David Carradine. Awesome production values, especially for its time. My other favorite series from the 70s is The Rockford Files. I guess the past always seems better in retrospect.
AmVet
August 16th, 2010
12:53 pm
Hey gang, I see that we’re still relegated to the Bookman basement.
I’ve also noted that the Head Miscreant, Paul, has been noticeably absent lately.
More good wishes on the interview Bruno. I’m happy to hear you at least have some activity in your pipeline! Makes me want to defer completely giving up hope on the employment situation for a while longer!
Bruno
August 16th, 2010
12:56 pm
Gotta run, here’s one from Carly Simon:
http://www.youtube.com/watch?v=PDJ_Mz8ftqI
“And stay right here, ’cause these are the good old days.”
Bruno
August 16th, 2010
12:58 pm
Thanks for the well wishes, Brother Am. I’m trying not to look at the job statistics and gloomy forecasts. I’m great at what I do, just have to get one other person to agree.
Catch you later.
Southern Comfort
August 16th, 2010
1:00 pm
Ol’ Jim Rockford. There’s a swell guy if there ever was one. Him and Quincy were two of my favorites.
theyeshaveit
August 16th, 2010
1:24 pm
SoCo and Bruno,
OK. This is for you would-be teacher. The Welcome Back Cotter theme song was sung by John Sebastien (A Woodstock participant) and starred John Travolta as Barbarino.
http://www.youtube.com/watch?v=QVS3WNt7yRU
Southern Comfort
August 16th, 2010
1:38 pm
eyes
That brings back some memories. I’m amazed that I can remember that far back since I was born in the 70’s. I remember that show though.
larry
August 16th, 2010
1:48 pm
ooooo………………oooooooo……………….oooooooo………Mr.Kotter, MR. KOTTER!!!!!
larry
August 16th, 2010
1:50 pm
And the Rockford files……………….Mom liked Rockford………………..I liked the car. A brown Trans-Am i think. Or was it a Camero ?
Southern Comfort
August 16th, 2010
1:56 pm
I think it was a Trans Am. I’ll have to googley it sometime.
larry
August 16th, 2010
2:43 pm
Well, i googleyed it and it seems it was a 1977 Pontiac Firebird but not a trans am………..
ROCKFORD FILES – In the “Smokey and The Bandit” movies, Burt Reynolds used a Pontiac Firebird Trans Am for his cross-country destruction derbies. There’s a certain rugged similarity between Reynolds and actor James Garner, so there may be some sort of subliminal link between them when a standard 77 Pontiac Firebird was a featured player in Garner’s “ROCKFORD FILES” TV series. Garner played Jim Rockford, a private eye who lived in a mobile home with his gnarly father played by veteran actor Noel Berry. Rockford had 133 adventures in the Los Angeles area and while the beat-up pickup driven by the senior Rockford was also seen, “Jim” drove his tan Firebird and it occasionally sustained minor body damage. Earlier this year, I watched a made-for-TV Rockford movie that featured the original cast (except for Beery, who had since passed away) including the Firebird. It may be the last we’ll see of the car as it was T-boned by the bad guys and destroyed. Rockford got pretty banged up too.
Southern Comfort
August 16th, 2010
3:40 pm
Appreciate the info larry. I’ve always wanted to own one of those late 70’s Firebirds. Hopefully, I can find me one to restore.
josef nix
August 16th, 2010
5:13 pm
Anybody here? Just got home…
Normal
St. Elsewhere…
josef nix
August 16th, 2010
5:15 pm
The schoolroom of today?
“Boston Public” came close…
RW-(the original)
August 16th, 2010
5:29 pm
Pipe down, jo nix, people are trying to sleep in here.
josef nix
August 16th, 2010
5:35 pm
RW
Awake! Ye oppressed masses! Fight back a break the chains of the AJC moderators!
Where are the rebels? As Scout would say, “oh! Perfidious nation!”
RW-(the original)
August 16th, 2010
5:37 pm
josef,
We’ll rebel once the day shift finds us and brings our donuts and not a second sooner.
Hillbilly Deluxe
August 16th, 2010
5:52 pm
I think everybody is over at Kyle’s, flogging a deceased horse.
RW-(the original)
August 16th, 2010
6:00 pm
I think everybody is over at Kyle’s, flogging a deceased horse.
Team Jay B should win that one in a walkover.
josef nix
August 16th, 2010
6:05 pm
Hillbilly
That one IS a dead one…
josef nix
August 16th, 2010
6:06 pm
I guess I’ll go there for a minute…
Hillbilly Deluxe
August 16th, 2010
6:08 pm
One time, over on the Sports side, either Schultz or Bradley, had a contest to let a poster write a guest blog column. It actually turned out pretty well. Wonder if JB ever considered something like that?
josef nix
August 16th, 2010
6:26 pm
Hilbilly
@ 6:08
I nominate you and I mean that seriously…
Hillbilly Deluxe
August 16th, 2010
6:31 pm
Well mercy!!! I didn’t mean me.
Hillbilly Deluxe
August 16th, 2010
6:36 pm
Seriously though, I think it might introduce some unexplored topics. I posted this link yesterday from a show I saw on TV (that’s being repeated a few times).
http://www.linktv.org/programs/david-vs-monsanto
It was a program I found very interesting. It affects everybody and not the normal Bush/Obama, left/right, Dem/Repub thing. I would think there are topics out there that we haven’t beat to death that would draw some interest. Or maybe it’s just me that gets tired of the same thing day after day.
stands for decibels
August 16th, 2010
6:59 pm
HD, if I’m able to see that tonight (it’s @ 8pm) I’ll let you know what I think.
Anyone who has DirectTV, LinkTV is channel 375.
RW-(the original)
August 16th, 2010
7:00 pm
Hillbilly D,
I’m guessing after about three comments it would devolve into something about Sarah Palin being in bed with Big Seed and it would be all downhill from there, but I like your idea.
stands for decibels
August 16th, 2010
7:18 pm
it would devolve into something about Sarah Palin being in bed with Big Seed
Ok, that actually reminds me–seen this “who knew?” story, about the moose of Isle Royale?
Many of the moose, it turns out, have arthritis. And scientists believe their condition’s origin can help explain human osteoarthritis — by far the most common type of arthritis, affecting one of every seven adults 25 and older and becoming increasingly prevalent.
The arthritic Bullwinkles got that way because of poor nutrition early in life, an extraordinary 50-year research project has discovered. That could mean, scientists say, that some people’s arthritis can be linked in part to nutritional deficits, in the womb and possibly throughout childhood.
The moose conclusion bolsters a small but growing body of research connecting early development to chronic conditions like osteoarthritis, which currently affects 27 million Americans, up from 21 million in 1990.
[...]
“Arthritis is a death sentence around here — you need all four legs,” Dr. Peterson said. “Wolves pick them off so quickly that you don’t even see them limping.”
RW-(the original)
August 16th, 2010
7:23 pm
sfb,
Thanks for not going to the, is that what they call Todd up there card.
Hillbilly Deluxe
August 16th, 2010
7:24 pm
sfd
Hadn’t seen that but it makes sense. I’ve always believed that a child who suffers from lack of proper nutrition early in life, will never really catch up. I suspect it affects them in more ways than just physically.
stands for decibels
August 16th, 2010
7:39 pm
Oops. Those left coasters at LinkTV have their default schedule set for Pacific time. The documentary is actually at 11pm, not 8pm.
maybe friday? 7pm? I’ll see…
And yeah, HD, the moose (meese?) study would seem to confirm what one might assume about early nutrition or lack thereof setting a lot of wheels in motion.
is that what they call Todd up there card.
heh.
Don't Forget
August 16th, 2010
7:49 pm
Hillbilly Deluxe
August 16th, 2010
5:52 pm
I think everybody is over at Kyle’s, flogging a deceased horse
I bet Kyle will be glad when Jay gets back, lol.
Southern Comfort
August 16th, 2010
7:55 pm
RW
Sorry, but when I saw Big Seed, I went there. It was too funny not to.
Southern Comfort
August 16th, 2010
8:16 pm
RW-(the original)
August 16th, 2010
8:27 pm
Sorry, but when I saw Big Seed, I went there
The second I hit submit I was relieved that I was playing to a nearly empty room.
stands for decibels
August 16th, 2010
8:29 pm
gonna bail. Pleasant evening, all.
Southern Comfort
August 16th, 2010
8:35 pm
Later dude!!
stands for decibels
August 17th, 2010
7:30 am
mornin’.
over at Kyle’s, flogging a deceased horse
yeah, I couldn’t resist leaving a few morsels myself.
Hey UnU, if you ever do find your way in here, I’ve a question about the UK understanding of the term “Flogging a dead horse.” I am pretty sure it is slightly different than ours…
BADA BING
August 17th, 2010
10:50 am
Did The obama girls get their obligatory ‘tramp stamps’ when the family was in Panama City?
stands for decibels
August 17th, 2010
2:05 pm
This just in: the News.google page told me, in its “News for you” section, that this is apparently the third most important news story in the universe:
Heidi Montag Mourns Death of Her Plastic Surgeon
Hillbilly Deluxe
August 17th, 2010
3:51 pm
And to think, I don’t even know who Heidi Montag is.
md
August 17th, 2010
4:21 pm
“And to think, I don’t even know who Heidi Montag is.”
Don’t worry, not missing much. Just another sad part of today’s artificial society.
theyeshaveit
August 17th, 2010
5:04 pm
Well, there was Heidi Fleis, the Hollywood madam. Before that, Heidi interrupted the end of the 1968 Raiders-Jets AFL championship game. But Heidi Montag draws a blank.
j$
August 17th, 2010
5:24 pm
You’re welcome, josef nix.
Since this is the 666 post:
http://www.youtube.com/watch?v=tOnkaZjFHss&feature=fvw
RW-(the original)
August 17th, 2010
5:46 pm
Shady j money in the 666 spot. Go figure
j/k j$
Paul
August 17th, 2010
5:58 pm
RW-(the original)
So… I get the Urkel award, right? “Did I do that?”
I just kinda figured they shut it down ’cause Democrats were so busy imploding on the national stage that, without Jay there to direct the conversations towards Palin, it was causing heads in the AJC editorial offices to explode.
Paul
August 17th, 2010
6:03 pm
RW
And… the very first comment I posted at Cynthia’s in response to a couple of history-challenged progressives when they said how crazy it was for Republican candidates to run against Pres Obama and I reminded them of Nov 2008 and Dems plans for this fall to run against… Bush!
got stuck in moderation.
Their server must be a modified TRS 80 -
RW-(the original)
August 17th, 2010
6:11 pm
Hurricane Paul,
Is that really you?
/thread killer….
Paul
August 17th, 2010
6:15 pm
Yeah.
Amazing how much work I’ve been getting done!
Hey – isn’t that like blaming the special prosecutor for outing Valerie Plame … wait…. that was Bush… I mean, Cheney….or, Scooter?… no, it was Armitage…. and, her husband!
Paul
August 17th, 2010
6:16 pm
RW
Was in ‘nawlins once, tried drinking a Hurricane. Waaaay too sweet -
RW-(the original)
August 17th, 2010
6:19 pm
Paul,
You can’t let them give you the tourist version of the hurricane. I was down there once and they were making something called a Skylab using grain. Those were brutal.
Paul
August 17th, 2010
6:29 pm
RW-(the original)
Just so no one tried to talk you into doing shots with Everclear!
I was with friends this weekend and ran out of margarita mixer (give Bone Daddy’s a try) and the cry went out: Shots!!!
RW-(the original)
August 17th, 2010
6:31 pm
Is Bone Daddy’s a margarita mix or something to baste the ribs with while you’re sipping the margarita?
@@
August 17th, 2010
7:12 pm
Paul:
Was it really your intention to get someone banned? You know how I feel about that.
josef nix
August 17th, 2010
7:25 pm
PAUL
See what you’ve done!
Paul
August 17th, 2010
7:28 pm
Hello @@
Jay can ban people for a day, a week a month or forever. His call. For some of the regulars, it’s a wake-up call. But some, as we’ve seen, just do not learn.
Seemed to me the person wasn’t a regular – just one of those folks who like to flit from site to site. They were pretty vile – mostly directed at the Pres and his family and describing potential children as fecal matter. So time out or banishment seemed appropriate. Hey, if the person was a drive-by, nothing lost. If the person was a regular – well, I just can’t imagine any of the people who regularly show up conducting themselves in such a manner.
Paul
August 17th, 2010
7:30 pm
RW
Margarita mix. But if you baste ribs with it – well, as long as you drank enough margaritas, it oughta taste pretty good!
josef nix
I know, I know!!!
Whistleblowers always get hammered.
Paul
August 17th, 2010
7:31 pm
josef nix
http://www.youtube.com/watch?v=KKv_vJks2gM
@@
August 17th, 2010
7:34 pm
mostly directed at the Pres and his family and describing potential children as fecal matter.
I wouldn’t know what he/she wrote Paul. Once I got the gist, I had the freedom not to read his/her comments anymore. I took full advantage of it.
@@
August 17th, 2010
7:37 pm
Come to think of it, I take offense to left-wingers calling potential children zygotes, a clump of cells, inhuman….but I wouldn’t call for them to be banned.
Paul
August 17th, 2010
7:38 pm
@@
Careful, or you’ll be inducted into the EOI club!
But we’re gonna have to work on that ‘equal’ part….
josef nix
August 17th, 2010
7:42 pm
PAUL
md
August 17th, 2010
7:45 pm
On banning, personally against it for whatever reason.
Even vile comments serve a purpose and should be left alone. Once the line is drawn, game over.
@@
August 17th, 2010
7:46 pm
Paul:
I have but to be equal in MY own mind, and (t)here I am.
————————————————————————–
Contrarian Commentary
Although prosecutors always have the edge, the judge in this case is going face all kinds of growing problems. Is he going to have to appoint public defenders for Blago and his brother? That would be a major embarrassment for the federal government. They are trying to destroy someone financially with endless prosecutions but with a minimum of real evidence.
I am in total agreement with Mr. Martin. My predictions were the same.
josef nix
August 17th, 2010
7:57 pm
PAUL
Still, it’s good to hear from you…as you can see, j$ led us to the Promised Land of Friday night and we had our music despite your best efforts…I went over to Kyle’s playing bowl weevil looking for a home…mostly nice folks there…I missed what was posted that brought it on, but I got caught up on the gist of it…
josef nix
August 17th, 2010
7:59 pm
md
I agree…
josef nix
August 17th, 2010
8:01 pm
make that BOLL weevil…I know better than that!
j$
August 17th, 2010
8:12 pm
I didn’t see what was posted upstairs to get the blog shut down, but from what I have seen in the past, disgusting attacks against non-democrats seem to go unchecked here at the ajc. It obviously wasn’t Jay’s call.
doesn’t matter.
http://www.youtube.com/watch?v=_AtnfDo4PE8
theyeshaveit
August 17th, 2010
8:47 pm
hmmm. ET/Paul finally phoned home.
Bruno
August 17th, 2010
8:52 pm
eyes–Every time I see your blog name, my mind goes back to this song:
http://www.youtube.com/watch?v=O9_LaSyPKaE
stands for decibels
August 17th, 2010
8:58 pm
My nominee for the 666 spot.
I didn’t see what was posted upstairs to get the blog shut down
I thought it was a capacity issue, or something.
RW-(the original)
August 17th, 2010
9:15 pm
I thought it was a capacity issue, or something.
We could test that theory but we’ll need 1,711 more comments.
Bruno
August 17th, 2010
9:15 pm
Rockin number, sfd.
The only song that comes to my mind that mentions 666 is this one from Peter Gabriel and Genesis:
http://www.youtube.com/watch?v=GScIeDf-FOg
theyeshaveit
August 17th, 2010
9:34 pm
Bruno,
But then there is this one. When I was introduced to that CD, I played it over and over on my trip back to LA from Las Vegas. Made the ride feel good.
http://www.youtube.com/watch?v=aSV3N6R5cvQ&feature=related
Bruno
August 17th, 2010
9:50 pm
Great video, sfd. Did you notice Tony Levin on bass?
Surprisingly, I was less than impressed by PG at a show at Chastain about 6 years ago. He had his daughter singing backup, and she was off-key a few times. He kept mixing up the song tempos, so you never knew whether to sit or stand.
j$
August 17th, 2010
11:11 pm
http://www.youtube.com/watch?v=Q9DDpmyPZZA
RW-(the original)
August 17th, 2010
11:20 pm
You could tie the musical theme of the posts here to the end of the night on Kyle’s blog by playing The Devil Went Down to Georgia.
G’night y’all
RW-(the original)
August 18th, 2010
12:07 am
Last