Bork thinks Kagan Should Be Borked

bork[bawrk] –verb (used with object)

to attack (a candidate or public figure) systematically, esp. in the media. Origin: 1988, Americanism ; after Judge Robert H. Bork,  whose appointment to the Supreme Court was blocked in 1987 after an extensive media campaign by his opponents

Well I guess it’s only fair.  (via Ann Althouse)  That being said, I think Kagan is weak and inexperienced enough that she will be the best thing possible for conservatives and lovers of the Constitution in an Obama administration.  He says that he wants a consensus builder on the court; there is no indication at all that Kagan is that person.  She’s been nice to conservatives in the past (well, not that nice); I expect that she won’t be a stubborn voice that changes minds in the future.  She’s no liberal Scalia, and it’s a fantasy to think otherwise.  But she’s clearly smart and capable, and I expect her to do well on the issues that don’t involve political or constitutional questions.  So, she gets confirmed = we win. 

Kagan Confirm

That said, I’d like for them to make it a little rough on her.  I’d like to see the confirmation hearings turn into a referendum on the Constitution.  And a referendum on its limits.  In particular, I’d like for her to strongly, unequivocally define what she believes to be the limits of the Commerce Clause.  Because there is simply no good answer that shows that there are limits, yet supports a liberal agenda.  We need that on record.  And then, in 2012, we need to be sure to remind people that, in an Obama world, the Constitution sets no limits, and is meaningless.

Update: Kagan says that the Bork hearings were “great,” “educational” and “the best thing that ever happened to Constitutional Democracy.”  (via Instapundit)  Hope she still believes that.


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