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April 21, 2014

Andrew Silow-Carroll: Passoverkill? Suggestions to make next year's seders even more culturally sensitive

Sara Israelsen Hartley: Seeking the Divine: An ancient connection in a new context

Christine M. Flowers: Priest's execution in Syria should be call to action

Courtnie Erickson: How to help kids accept the poor decisions of others

Lizette Borreli: A Glass Of Milk A Day Keeps Knee Arthritis At Bay

Lizette Borreli: 5 Health Conditions Your Breath Knows Before You Do

The Kosher Gourmet by Betty Rosbottom Coconut Walnut Bars' golden brown morsels are a beautifully balanced delectable delight

April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review May 11, 2010 / 27 Iyar 5770

Exploring Kagan

By David Limbaugh




http://www.JewishWorldReview.com | President Barack Obama's nominee for the Supreme Court, Elena Kagan, once wrote that Senate confirmation hearings for Supreme Court judicial nominees should explore a "nominee's set of constitutional views and commitments." By all means, let's accommodate her and begin exploring.

We could start with the presumption, given Obama's ideology and judicial philosophy, that any nominee he chooses will be troubling for advocates of judicial restraint and interpreting the Constitution according to its original understanding. But let's put that aside for this little exploration.

On my initial research, a number of problematic areas have surfaced. Consider, for starters:

—She has no judicial experience and hardly any experience practicing law. She's mainly been an academic. I confess this one bothers me less than others, for I believe an intellectually honest academic, with proper respect for the Constitution, could make a fine appellate judge.

—Kagan, as dean of Harvard Law School, joined an amicus brief in an appeal to the U.S. Court of Appeals for the 3rd Circuit and another brief to the Supreme Court challenging a congressional law that denied federal funding to universities that didn't allow military recruiters access to their campuses. Kagan was outraged at the military because of its "don't ask, don't tell" policy, which banned openly homosexual men and women from the service, once calling it "a profound wrong — a moral injustice of the first order."

—Kagan clerked for Justice Thurgood Marshall. Following Marshall's death, Kagan wrote a glowing tribute to him in the Texas Law Review. Two passages from her article deserve particular scrutiny. She wrote, approvingly: "In Justice Marshall's view, constitutional interpretation demanded, above all else, one thing from the courts: it demanded that the courts show a special solicitude for the despised or disadvantaged. It was the role of the courts, in interpreting the Constitution, to protect the people who went unprotected by every other organ of government — to safeguard the interests of people who had no other champion. The Court existed primarily to fulfill this mission." Kagan said Marshall told her the other justices had rejected his proposal for a new Supreme Court rule: "When one corporate fat cat sues another corporate fat cat, this Court shall have no jurisdiction," Kagan wrote. "However much some recent Justices have sniped at that vision, it remains a thing of glory."

Like Obama and Marshall, Kagan apparently believes the court exists to protect the little guy against evil corporate America, not to interpret the Constitution and the law as written. It's also interesting, is it not, that Marshall used the phrase "corporate fat cat" long before Obama adopted it — as part of his class warfare rhetoric — to slander financial institutions. But don't just gloss over the leftist buzzwords "despised or disadvantaged." What groups do they mean by "the despised"? Perhaps they mean those who don't agree with their radical idea of unconstitutional wealth redistribution "despise" recipients of such extreme wealth transfers. Or maybe they're implying that conservatives "despise" minorities. Don't scoff. I've heard such toxicity before from leftists.

At the outer extreme is a view espoused by another Obama appointee, "regulatory czar" Cass Sunstein. In a Harvard Law Review article, Sunstein wrote that "homosexuals are subject to a deeper kind of social antagonism, connected not only with their acts but also with their identity." He went on to say that homosexuals are "members of a despised group," which some want to "isolate and seal off" because they are "thought to be in some sense contaminating or corrosive" and "not fully human."

—The next problematic passage from Kagan's Marshall tribute was her boastful recitation of Marshall's declaration that "the Constitution, as originally drafted and conceived, was 'defective.' ... The Constitution today ... contains a great deal to be proud of. '(B)ut the credit does not belong to the Framers. It belongs to those who refused to acquiesce in outdated notions of 'liberty,' 'justice,' and 'equality.'" Kagan said, "Our modern Constitution is (Marshall's)."

—In a Harvard Law Review article in 2001, Kagan wrote, somewhat gleefully, that the most important development in administrative law in the last two decades was the "presidentialization of administration — the emergence of enhanced methods of presidential control over the regulatory state." Former President Bill Clinton, said Kagan, faced "for most of his time in office with a hostile Congress ... turned to the bureaucracy to achieve, to the extent it could, the full panoply of his domestic policy goals." Sound familiar? Remember when Obama's chief of staff, Rahm Emanuel, said that because much of Obama's legislative agenda had stalled in Congress, he planned on "an array of actions using his executive power to advance energy, environmental, fiscal and other domestic policy priorities"?

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David Limbaugh, a columnist and attorney practicing in Cape Girardeau, Mo. Comment by clicking here.


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