Court Commentary: Biden on Kagan

So, Joe Biden wants me to back Elana Kagan. In his note he says:

To see why, look no further than her role in the Citizens United case. It was a legal battle that most experts agreed would be impossible for the government to win. But as Solicitor General, Elena chose this as her first case. She recognized that rolling back bipartisan election law would allow special interests to dominate campaigns across the country and drown out the voice of the American people. Though she knew she'd probably lose, she chose to make it her fight all the same. That's character.

Wait, hold on a moment -- who thought Kagan was going to lose Citizens United? Since when was that case a foregone conclusion? And how does that obviate her responsibility in losing one of the landmark cases of the last year?

I don't think Obama and Biden want to make a big case of Kagan's positions as a Solicitor General. Let's take one at random: here's a recap of a case where Kagan argued that detainees at Bagram Airbase have no rights:

The U.S. Supreme Court ruling in Boumediene v Bush, which granted habeas rights to Guantanamo detainees, Kagan wrote, “rested heavily on the ‘unique status of Guantanamo’” in terms of “the nature and duration of the United States presence at the site of detention, and the practical obstacles to permitting the detainee to pursue habeas relief in United States court…”

Bagram, she wrote, “does not share the defining attributes of Guantanamo,” thus “an enemy alien apprehended and detained by the military overseas in an active war zone at the very least bears an extremely heavy burden before he may sue his captors civilly and require the federal courts to second guess the judgment of both political branches with respect to the reach of habeas jurisdiction.”

Now, whether or not the case is correctly legally argued, it returns to mind the fact that the Solicitor General's job is to basically legally argue whatever the President believes, whether it be that Bagram air-base detainees have no rights or that some detainees may be held forever.

How strange, then, to back a Solicitor General for losing a case of great importance, while defending a principle that you told her to have.

"An Historic Night"

Last week's election was truly historic. Not because of race.

Yes, I mean, it was historic because of race, but something which I find to be equally important is another reason: class.

There were four candidates running head to head. One came from a reasonably successful family (a distinguished military, the McCains) and had married into even more wealth.

The other three came from truly working-class backgrounds.

P-E Barack Obama grew up in the tough parts of Chicago. His father left him when he was young, he went to live with his grandparents, he got involved with drugs.

I'm not saying P-E Obama was poor when he got elected. I'm just saying that he started out poor.

VP-E started on the streets of Scranton. He also is not poor nowadays, but even with the setback of losing a wife and child in a car accident, he managed to keep struggling forward until his success today.

Sarah Palin, say what you will about her, was born to two teachers in a rural community. With not the most prestigious of degrees (sports journalism) she too worked her way up to something you will call a reasonable amount of success.


What history showed is that you don't have to have a name from a well-known family (the Clintons actually go back to the founding of the country; George W. Bush is at the end of a dynasty, the Kennedys became a dynasty) and he didn't grow up in a rich white background. They're not the first in this respect, but to have so many--and for them to be so successful, it still something very important to note.

2008: Election

I'm going to write it down right now, just to see how my predictions stack up. You can all mock me as these predictions turn out not to be soon.

FEDERAL ELECTIONS:

Presidency: Obama
VP: Biden

Obama selects cabinet:

Secretary of Defense: Robert Gates (or Wesley Clark, but not likely)
Secretary of State: Bill Richardson (or Colin Powell, but not likely)
Secretary of Homeland Security: Richard Clarke
Secretary of the Treasury: Warren Buffet (or somebody we've never heard of)
Attorney General: Patrick Fitzgerald (or Cuomo, but not likely)

The rest of the cabinet will be nobody we've ever heard of. I don't think Hilary Clinton's going to make an appearance.

Federal Reserve Board Chairman: Dan Bernanke remains
UN Ambassador: Somebody we've never heard of, or possibly Richardson if he doesn't get State.

CONGRESSIONAL ELECTIONS:
House: Dems: 350 Seats
Senate: Dems: 55 seats (not counting Bernie Sanders or Joe Lieberman)

JUDICIARY
No appointments in the first term of Presidency.

CALIFORNIA:
PROP 8 Fails (but by a terrifyingly narrow margin)
PROP 1A [High Speed Rail] Succeeds

NEW YORK:
Federal Justice Department blocks term limit lengthening Bloomberg's term. Sucks to be him. Christine Quinn does not win the primary to run to replace him. This may just be wishfulfilment on my part.

2012: These predictions on my part are sketchier. It depends on the leadership of the Republican Party after this election. My guess is that RNCC Chair Mike Duncan is going to be forced to step down after this disastrous election. Now, the RNCC Chairmanship is selected by the Republican President, or by the association of state party chairs; depending on who winds up selecting the new RNCC Chairmanship, it might have different results.

My hunch: Sarah Palin emerges as party chair of a party that's tacking even further to the right, but in 2012 Mike Huckabee wins over the nomination by appealing to the same right-wing values that Palin has tapped into in a manner not seen to be as self-destructive.


(UPDATE: I originally posted this on my Facebook, and decided to put it over here. In the meantime between my posting that there and posting it here, I suddenly realized that I had forgotten an important name in my considerations of Obama's cabinet--Holbrooke! I'm not going to change the prediction, but I really should have remembered that Holbrooke is almost certainly going to feature in the foreign policy. Also, while I'm at it, I should point out that while I didn't mention this before, I think that John McCain will not stand for re-election in 2010. In the off-chance that he is bloody-minded enough to run, I don't think he'll make it. Right now, he's on the verge of losing the Presidential election in his own home state.)

Conversationalism + 2008: Palin And The End of the Line

I take the injunction of the AFL-CIO secretary-treasurer and it must be. I have to say it.

Required reading for the post.

Sarah Palin and John McCain have officially embarked on a campaign of discrimination.

Now, I'm not saying it's necessarily a racist campaign; Sarah Palin's remark that Obama "doesn't see America the way we do" could be equally anti-Democrat, anti-Elitist, anti-black, anti-Liberal, etc. The point, however, is that Sarah Palin is claiming to have a monopoly on America.

I want to talk about one of the most crucial point of the Vice Presidential Debate for me. In terms of our culture, and our cultural dialogue, there was a clear choice that was presented at one point. Ifill asked the two about how to turn around the partisanship in Washington.

Here's Joe Biden:

Mike Mansfield, a former leader of the Senate, said to me one day -- he -- I made a criticism of Jesse Helms. He said, "What would you do if I told you Jesse Helms and Dot Helms had adopted a child who had braces and was in real need?" I said, "I'd feel like a jerk."

He said, "Joe, understand one thing. Everyone's sent here for a reason, because there's something in them that their folks like. Don't question their motive."

Here's Sarah Palin:

But the policies and the proposals have got to speak for themselves, also. And, again, voters on November 4th are going to have that choice to either support a ticket that supports policies that create jobs.

You do that by lowering taxes on American workers and on our businesses. And you build up infrastructure, and you rein in government spending, and you make our -- our nation energy independent.

Or you support a ticket that supports policies that will kill jobs by increasing taxes. And that's what the track record shows, is a desire to increase taxes, increase spending, a trillion-dollar spending proposal that's on the table. That's going to hurt our country, and saying no to energy independence. Clear choices on November 4th.

In other words, in terms of bipartisanship, Biden says we shouldn't slander each other's motives, and Sarah Palin says you should pick the party that isn't out to "kill jobs," "hurt the country," and "say no to energy independence."



This is ludicrous.

So, a few days later, seeing that the polls still aren't backing her ridiculous brand of folksy anti-elitism, she has decided to kick it into gear, and make the heart of their campaign an attempt to question Barack Obama's motives. Because yes, clearly, a Hawaiian born Christian who was a civil rights lawyer, a professor, and has been two years in the Senate, doesn't see America the way 'the rest of us' do. He sees it the way terrorists do. Oh, and by the way: nobody has spoken as much about the exceptionalism of America as Barack Obama--it's the heart of his Yes We Can campaign. I wish he'd truck that out.

But this is unacceptable. Whatever McCain or Palin are trying to do, this is an unacceptable move in the campaign. I cannot repeat this enough. This is unacceptable.



I wanted McCain to be the end of the Republican Party as partisan hackery. I wanted him to show that two parties could both decide to stand a little taller and live up to America a little better. Where has McCain gone?


This is unacceptable.