Jeff Sessions: America Will Not Forgive this Senate for Confirming Kagan

Minutes before the vote to confirm Elena Kagan, Senator Jeff Sessions said "The American people will not easily forgive this Senate if we confirm Ms. Kagan to the Supreme Court." Think about waking up on November 3rd, 2010 without the significant change needed to keep another Elena Kagan off the Supreme Court.

Jeff Sessions

Those voting for Kagan wonder what all the fuss is about, and try to ignore the fact that 37 members of the Senate voted against her. Only three additional votes were needed to filibuster, yet five Republicans voted yea for a nominee: who has never been a judge; they knew manipulated abortion facts, and turned them into lies which overturned an abortion ban in Nebraska; who at Harvard refused Military recruiters on the grounds, and welcomed Islamic Shariah financing, which funds terrorism, into the law school along with three Saudi-funded studies of Shariah.

Republican Senators voting for Kagan were Susan Collins and Olympia Snowe (Maine), Lindsey Graham (NC), Dick Lugar (IN), and unbelievably Judd Gregg of New Hampshire. Senator Ben Nelson (NE) is the lone Democrat voting against Elena Kagan.

By modern standards, Justice Kagan's 63 confirmation votes isn't exactly an overwhelming display of support. Of the Supreme Court's nine current justices, 63 ranks fairly low -- Stevens (98), Kennedy (97), Scalia (98), Ginsburg (96), Breyer (87), Roberts (78), Sotomayor (68) had more, while only Thomas (52) and Alito (58) had fewer.

Today we talk about fighting for the America that we know and have known. If Obama is allowed to make another appointment, that America is gone. Justice Anthony Kennedy says he will put-off his retirement until after the 2012 presidential election. Hallelujah for that, but we still cannot assure through this court appointed for a lifetime that the Constitution will guide the way our government works. We must understand that the Supreme Court is the most important issue we face today. Senator Sessions' prediction that this appointment will not be forgiven is insightful.

Jeff Sessions Opening Remarks at Kagan Hearing Video

Senator Jeff Sessions (R-AL) listed an astounding number of violations of Federal law committed by Obama's Supreme Court nominee, Elena Kagan. I am at a loss to understand how Democrats will find this woman, who has spent her professional life in activism, with complete disdain for the U.S. Constitution, qualified for this life-time position. The fact that she will end up on the Supreme Court and my children and grandchildren will live with her lack of integrity and contempt for the Rule of Law is heartbreaking. See the video below.

Elena Kagan

Here are a few of Sessions comments (paraphrased):

Kagan has less real legal experience of any nominee in at least 50 years.

Not only has she not been a judge, she has barely practiced law, and not with the intensity and duration that I think real legal understanding occurs.

Kagan has never tried a case before a jury

She argued her first appellate case just 9 months ago. There is no substitute of being in the harness of the law, handling real cases over a period of law.

Kagan has spent her career in policy and politics, mixed with law.

Her college thesis, Socialism in New York, bemoan socialism's demise.

Her Master's thesis noted the activist tendencies of the Earl Warren court - but said it could have done a better job justifying their activism.

Kagan left law for 5 years for politics.

Kagan was central figure in the White House Clinton-Gore effort to restrict gun rights.

She was the point person for the Clinton Administration effort to block Congressional restriction on partial birth abortions - the key person to convince Clinton to change his mind from supporting restrictions to opposing legislation that would ban it.

While at Harvarvd as the Dean, she reversed existing policy, and kicked military out of recruiting offices in violation of federal law. She punished our Military and demeaned our soldiers as they fought in two wars overseas.

Kagan joined 3 other law school Deans to write a letter in response to Senator Grahams legislation to establish procedures to determine who was an enemy combatant in the war on terror. She compared this legislation, which passed 84 to 14 as fundamentally the same as the lawless actions of a dictatorship. Gr

As Solicitor General for 1 year, her short tenure was not without controversy. In her first appellate argument that speech and press guarantees of First Amendment would allow Federal Gov't to ban publications and pamphlets discussing political issues before an election. [Session reminds her of Thomas Paines Common Sense]

As Solicitor General, Kagan approved filing of a brief  to SCOTUS asking that it strike down provisions of the legal Arizona Workers Act which suspends or revokes the businesses licenses of corporations which knowingly hire illegal aliens, even though Federal law expressly prohibits such hiring. She did this even after the liberal 9th Circuit upheld the law.

There is much more. I hope you will listen to the video. If you believe Kagan should be confirmed, please ask yourself why you want a judge who will attempt to change, at least the First and Second Amendments, refuse to define an enemy combatant and abort late-term babies?


Senator Sessions Opening Remarks at Kagan Confirmation (video)

Patrick Leahy, Sotomayor Misquote: Leahy Misrepresents Sotomayor

Senator Patrick Leahy gave Sonia Sotomayor an opportunity to explain one of her now infamous remarks, and in doing so Leahy chose to misrepresent Sotomayor's own words - leaving out that stuff about her capability in a court of law to reach "a better conclusion than the white male."

Patrick Leahy
 

The exact Sonia Sotomayor quote, in a 2001 speech, and then in another 7 instances is:

I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life.

But if you were watching the Leahy-Sotomayor exchange, as was I and the Washington Examiner was, you noticed that Leahy specifically left out the racial and ethnic point of her comment. As the Washington Examiner said, "one way to lessen the impact of Sonia Sotomayor's "wise Latina" comment is to misquote it."

Sen. Patrick Leahy, D-Vt.: "You said that, quote, you would hope that a wise Latina woman with the richness of her experiences would reach wise decisions. ... So tell us, you've heard all of these charges and countercharges, the wise Latina and on and on. Here's your chance. You tell us — you tell us what's going on here, Judge."

Senator Jeff Session (R-AL) set the record straight when it was his turn at the microphone:

I would suggest that the quotation he [Leahy] gave was not exactly right of the wise Latina comment." Sessions then read the correct quote. It was only then that Sotomayor said her remark "fell flat" and "left an impression that I believed that life experiences commanded a result in a case, but that's clearly not what I do as a judge.

Of course, it is exactly what she meant. It was what she intended and it was exactly the impression that she hoped to leave with the audience on those occasions when she spoke the words. Sotomayor explained [paraphrased - but a very close paraphrase] that when she was speaking to women lawyers or young Latino lawyers or students, she intended to inspire them, to show that their life experiences could enrich the legal system, and that they should believe that they could become anything they wanted to become. So the question is, what does a white man's conclusions have to do with inspiring other women? The answer is that she intended to inspire them through encouragement that a Latino woman's conclusions are better than a white man's conclusions.

It is not difficult if you cut through the misrepresentations of Leahy's and Sotomayor's part, and then apply a slight bit of common sense. Jim Kouri at examiner.com has some interesting comments about Leahy, his warnings to the GOP and his legacy as "Leaky Leahy," when it comes to "top secret communications," (in other words - government secrets). It is worth reading, and being reminded who so many of these powerful Democrats are somewhere inside their shallow souls. Are you contacting your Senators?

Whether Republican or Democrat, whether you think you know how they will vote on Sotomayor or not, give them a call today, another tomorrow, send an email, send a fax, give them another call.