Elena Kagan…or Nae Ken, A Gal
“I object to appointment somebody that has no track record … There are a lot of things where it would be helpful to be able to examine past writings. If I was in the Senate, I would vote no, because like Harriet Miers she doesn’t have the judicial experience. Accepting Kagan just because people like Obama is wrong. That’s appropriate for American Idol, not the Supreme Court. Nobody knows what she stands for but him. It’s just a cult of personality with Obama. This is the Supreme Court.”
And the Right is mad too. First, Kagan has never been a judge. Almost all modern Justices have had some judicial experience. The last one that didn’t was Rehnquist, and we all know how that turned out. Plus, there are loud, loud whispers that she might be gay. Now, a lot of people are going to say that her sexual orientation isn’t germane. But that’s a double standard. I seem to remember a lot about sexual orientation in the Clarence Thomas hearings. Why is it okay to persecute him for being straight , but it’s not okay to mention (casually, in passing) that Kagan might be gay? Double standard.
In fact the American Family Association is demanding to know her sexual orientation. In order to avoid disaster. From their blog:
“…Elena Kagan, if nominated today, will be forced to face the press. She cannot be kept closeted not only from the public but from the inquiring minds of the media. They have a solemn responsibility to do one thing: ask her directly and openly and in front of the American people: Are you a lesbian?
A refusal to answer is a tacit admission of guilt. But she may not be able publicly to deny she’s a lesbian, likely because it’s true. She may not be able to admit it either, because it could cost her a Supreme Court post. So she’s likely to refuse to answer the question at all, and the only plausible explanation for her evasion would be because rumors of her lesbianism aren’t rumors at all but based in fact.
Think about it for a minute. If you were falsely accused of engaging in sexually aberrant behavior, would you waste a single minute challenging such a scurrilous rumor?
…It’s time we got over the myth that what a public servant does in his private life is of no consequence. We cannot afford to have another sexually abnormal individual in a position of important civic responsibility, especially when that individual could become one of nine votes in an out of control oligarchy that constantly usurps constitutional prerogatives to unethically and illegally legislate for 300 million Americans.
The stakes are too high. Social conservatives must rise up as one and say no lesbian is qualified to sit on the Supreme Court. Will they?”
To that, I can only repeat the question: Will they?