Time to Bork Kagan?

The Bork judicial confirmation hearings were where civility and respect were first thrown out the window by the liberal members of the Senate including our current Vice President Joe Biden.

To say that they were a good thing for “constitutional democracy” is ludicrous. Serious inquiry was replaced with ideological fervor and we as a nation have paid for it ever since. Serious jurists with strong opinions as judges in lower courts have been replaced by shadowy figures whose true intellect and true judicial philosophy never comes to fore until after they are appointed to a lifetime position.


The National Review has examined papers released by the Clinton Presidential Library from the time that Elena Kagan served Bill Clinton as Deputy White House Counsel. Amongst these papers were notes that said the NRA and the KKK were equivalent organizations. While not signed by Kagan, the handwriting appears to be very similar to her handwriting. I’m sure a handwriting expert could say for sure. Robert VerBruggen who broke the story has more here and here. Nonetheless, to equate the NRA with the KKK is repugnant.

Kagan seems to have no regard for Second Amendment rights nor the organizations that defend them. Moreover, she has no judicial experience, no trial court experience, and a mediocre research record. And, finally, she doesn’t seem to understand the United States is a representative republic and not a constitutional democracy.

Awaiting the McDonald v. Chicago Decision

McDonald v. Chicago, the case that we hope will incorporate Second Amendment rights at the state and local level, is still one of the few cases yet to be decided for the Supreme Court’s current term. Custom has it that each justice is assigned at least one opinion per two-week sitting.

The February sitting has two unresolved cases – the Chicago case and one involving the former Enron CEO Jeffery Skilling – and two justices who have not authored an opinion for that sitting. They are Justices Alito and Ginsburg. Dave Hardy has more at the Of Arms and the Law Blog.

The SCOTUS Blog has the statistics on each of the sittings for this October term of the Supreme Court. Note that this “stat-pack” hasn’t been updated to include decisions released today.

It should be noted that Justice Alito was in the majority on the Heller Case and Justice Ginsburg voted against the Second Amendment as an individual right. However, we could all end up being surprised by having Justice Ginsburg write an opinion incorporating the Second Amendment based upon the Privileges or Immunities Clause of the 14th Amendment. And pigs can fly, too.