Tag Archives: kagan

Open Thread: Sen. Sessions’s Closing Statement on Kagan Nomination

The battle against the nomination was always a losing battle, but Sen. Jeff Sessions, R-Ala., made an impassioned defense of his position. What do you think the effect of Kagan’s nomination will be on the court? Will it change its makeup significantly? 

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Open Thread: Sen. Sessions’s Closing Statement on Kagan Nomination

Bozell Column: Kagan’s Comedy Is News?

The shallow and promotional TV coverage of Elena Kagan’s confirmation hearings illustrated once again how the shamelessly ABC, CBS, and NBC shape the political Play-Doh they offer to the American people as “news.” First, there was the amount of coverage.Let’s put it this way: “coverage” is the wrong word. Entire days of hearings, filled with tough exchanges with Republicans on issues like the military, “gay marriage,” and abortion were swept under the rug. Instead, the one talking point every viewer was supposed to remember was this: Kagan is funny! She is really, really funny! At one point in the hearings, they discussed the Obama administration’s very unfunny failure to stop the Christmas Day bomber from almost blowing up a plane as it landed in Detroit. That somehow turned into a joke about Kagan’s Jewishness. Sen. Lindsey Graham, who has seemed desperate to ingratiate himself with Obama’s nominees, set Kagan up to joke that she probably spent Christmas at a Chinese restaurant. If Kagan were trying out for the TV show “Last Comic Standing,” that would seem like a very stale old joke. But the networks were looking for anything in these hearings that (a) wouldn’t bore their dumbest viewer and (b) made Kagan look good. So The Joke was the top story. The fawning was out of control.The networks audaciously boasted that Kagan was so funny that “Saturday Night Live” could not do her justice. On ABC’s “Good Morning America” on June 30, news anchor Juju Chang hailed Kagan’s “lively sense of humor” and then asked co-hosts George Stephanopoulos and Elizabeth Vargas “Who is going to play her in the SNL skit?” Vargas replied: “I don’t think they could be as funny as Elena Kagan was!” On July 2, CBS’s “The Early Show” was still touting the comedy gold. Co-host Harry Smith noted “She was downright funny.” Ana Marie Cox, a former Air America radio host and writer for GQ magazine, called it “a Saturday Night Live skit made live,” whatever that means. She thought it was made more perfect that former SNL writer and Sen. Al Franken is on the Judiciary Committee. Liberal radio host Jane Pratt completed the support circle: “Her joke was good, the Chinese food joke was good.” But, they had no interest in substance that might underline just how radical Kagan’s positions might be. The networks almost completely ignored Kagan’s key role in the Clinton White House efforts to promote the monstrous act of partial-birth abortion. CNSNews.com reported that in 1996, the American College of Obstetricians and Gynecologists (ACOG) sent the Clinton White House a proposed draft statement on partial-birth abortion that declared a panel they convened “could identify no circumstances” under which this skull-puncturing and skull-vacuuming procedure would be “the only option” to save a woman’s life or preserve her health.” On December 13, 1996, Kagan wrote this language would be a “disaster” if released publicly, since it clearly contradicted what President Clinton had claimed. Kagan wrote to ACOG’s associate director of government relations with suggested prose the medical group could use. Partial-birth abortion, she claimed “may be the best or most appropriate procedure in a particular circumstance to save the life or preserve the health of a woman.” Weeks later, ACOG’s public statement carried those exact words from the White House. Three years later, Justice Stephen Breyer repeated those same words in declaring Nebraska’s partial-birth abortion ban unconstitutional. Douglas Johnson of the National Right to Life Committee said that armed with these documents, “it appears that Kagan was perhaps the key strategist in blocking enactment of the partial-birth abortion ban act.” He believes that Kagan had “her hands on this from the beginning to the end.”A scandal?  A controversy? A story ?Only CBS legal reporter Jan Crawford came anywhere close on the “CBS Evening News.” She played a snippet of Sen. Orrin Hatch pressing Kagan to admit the notes to ACOG were in her handwriting, but the CBS viewer saw just seconds of this exchange with zero context what these two people were discussing — other than the generic topic of abortion. The grisly specifics were omitted. This example only underlines how anyone who wants to follow weighty issues of public policy, including Supreme Court jurisprudence, should never rely on network television. These networks gave much more time and loving care to England’s Prince Harry falling off a horse on a visit to New York. That is the intellectual depth the public should expect from the airheaded TV “news” elite — at least when Democrats are the ones changing the Supreme Court for the next two or three decades.

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Bozell Column: Kagan’s Comedy Is News?

Networks Mostly Skip Tense Kagan Exchange Over Abortion Memo, Downplay Hearings

Wednesday’s evening news shows and Thursday’s morning programs continued to minimize or leave out important moments of Supreme Court nominee Elena Kagan’s confirmation hearings. ABC’s Good Morning America, for instance, has offered only 67 seconds of coverage over three days. Today and The Early Show each provided a single 10 second news brief on Thursday. It’s not as though the second day of testimony lacked interesting developments. The New York Times on July 1 reported the intense questioning by Senator Orrin Hatch on an abortion memo written by then-Clinton White House Counsel Kagan. Hatch demanded, “Did you write that memo?…But did you write it? Is it your memo?” Kagan’s memo worried that a American College of Obstetricians and Gynecologists (ACOG) report on abortion could be a “disaster” for the Clinton administration. None of the morning shows on Thursday mentioned the exchange between Hatch and Kagan. On Wednesday, only CBS’s Evening News raised the subject. Reporter Jan Crawford observed, “But when Senators tried to pin her down on other specific issues, she sidestepped. On whether she helped craft strategies supporting partial-birth abortion-” She then broke off and featured a clip of Hatch grilling. Crawford herself allowed that “over three days, there were plenty of tense and testy moments.” Apparently these examples were not interesting enough for ABC. In addition to only allowing 67 seconds on GMA, World News skipped the hearings completely. NBC’s Nightly News provided a more generalized account of the second day on hearings. Ignoring the abortion issue, correspondent Pete Williams explained that Kagan appeared “to back away from the position she expressed last year on gay marriage.” On another issue, Williams added, “But she very clearly rejected something she once wrote as a student. In a college paper, she had said judges have ‘authority to make social changes,’ power that ‘becomes irresistible.'” Nightly News, as well as the morning shows, also ignored ignored a clip of Kagan telling senators, “I’ve been a Democrat all my life. I’ve worked for two Democratic Presidents, and those are, you know, that’s what my political views are.” Only the Evening News noted the remark.  For more on Kagan’s abortion memo, see a CNSNews.com article on the topic: Three years after ACOG released its statement on partial-birth abortion — that included verbatim the words that had been the handwritten notes in Kagan’s White House files — the Supreme Court issued its opinion in Stenberg v. Carhart, which declared Nebraska’s ban on partial-birth abortion unconstitutional. Justice Stephen Breyer wrote the Court’s decision in the case, quoting verbatim the passage from the ACOG statement on intact dilatation and extraction abortion that had originally appeared in the handwritten notes in Elena Kagan’s files released by the Clinton Presidential Library. Breyer wrote: “The District Court also noted that a select panel of the American College of Obstetricians and Gynecologists concluded that D&X ‘may be the best or most appropriate procedure in a particular circumstance to save the life or preserve the health of a woman.’” “The picture that’s emerging,” says National Right to Life Legislative Director Douglas Johnson, reflecting on Kagan’s Clinton White House files, is that “it appears that Kagan was perhaps the key strategist in blocking enactment of the partial-birth abortion ban act.” Johnson also said he believes that Kagan had “her hands on this from the beginning to the end.” A transcript of the Evening News segment, which aired at on June 30, follows: SCOTT PELLEY: On Capitol Hill today, Supreme Court nominee Elena Kagan parried her way through her last day of confirmation hearings. Back in the 1990s when Kagan was an assistant law professor, she complained that such Senate hearings are, quote, “a vapid and hollow charade” because the nominees refuse to say anything of substance. Oh, how things change when you’re sitting in the witness chair. Here’s our chief legal correspondent Jan Crawford. JAN CRAWFORD: Over three days, there were plenty of tense and testy moments. SENATOR JON KYL (R-AZ): I absolutely disagree with you about that. SENATOR ARLEN SPECTER (D-PA): Apparently I’m not going to get an answer there, either. CRAWFORD: She defended her record on military recruiting at Harvard. SENATOR JON CORNYN (R-TX): It strikes me that the sole result and impact was to stigmatize the United States military on the campus. ELENA KAGAN: It certainly was not to stigmatize the military. And every time I talked about this policy and many times besides I talked about the honor I had for the military. CRAWFORD: But when Senators tried to pin her down on other specific issues, she sidestepped. On whether she helped craft strategies supporting partial-birth abortion. SENATOR ORRIN HATCH (R-UT): Did you write that memo? KAGAN: Senator, with respect, I don’t think that that’s what happened. HATCH: But did you write it? Is it your memo? KAGAN: The document is certainly in my handwriting. CRAWFORD: On gay marriage. SENATOR CHARLES GRASSLEY (R-IA): Do you believe that marriage is a question reserved for the states to decide? KAGAN: There is, of course, a case coming down the road, and I want to be extremely careful about this question. CRAWFORD: But on some things, Kagan was blunt. KAGAN: I’ve been a Democrat all my life. I’ve worked for two Democratic Presidents, and those are, you know, that’s what my political views are. SENATOR LINDSEY GRAHAM (R-SC): And would you consider your political views progressive? KAGAN: My political views are generally progressive, generally- CRAWFORD: She also showed real savvy, deftly deflecting Democrats’ criticisms of the Roberts court. KAGAN: I’m not agreeing to your characterizations of the current court. I think that that would be inappropriate for me to do- SENATOR SHELDON WHITEHOUSE (D-RI): I understand that. KAGAN: -and I’m sure that everybody up there is acting in good faith. CRAWFORD: And mixed with the serious exchanges was humor, something nominees typically are cautioned to avoid in case a joke backfires. SENATOR TOM COBURN (R-OK): I’m 12 or 13 years older than you. KAGAN: Maybe not after this hearing. COBURN: No, I’m sure I’m older. GRAHAM: Where are you at on Christmas Day? KAGAN: You know, like all Jews, I was probably at a Chinese restaurant. (AUDIENCE LAUGHTER) CRAWFORD: But without a misstep, Kagan seemed headed for easy confirmation. SENATOR DIANNE FEINSTEIN (D-CA): If you were confirmed – and I believe you’re going to be- CRAWFORD: One reason Republicans are unlikely to put up a fight is that she’s replacing a liberal. She won’t change the balance of the court. GRAHAM: So I wish you well and I know your family is proud of you and I think you’ve acquitted yourself very well. CRAWFORD: So is this a charade, Scott? Well, even Kagan herself admitted there’s no real upside to answering specific questions. It’s a successful strategy not to, and it looks like it’s going to work in her case as well.

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Networks Mostly Skip Tense Kagan Exchange Over Abortion Memo, Downplay Hearings

Elena Kagan — Death Sentence for ‘Twilight’ Joke

Filed under: Elena Kagan Apparently, Supreme Court nominee Elena Kagan isn’t a fan of ” Twilight ” — or fun — because at today’s Senate confirmation hearing, the gun critic shot down a joke question about “Twilight” like she was Annie frickin’ Oakley . The super uncomfortable… Read more

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Elena Kagan — Death Sentence for ‘Twilight’ Joke

Networks Paint ‘Trailblazer’ Kagan as Hilarious Wit Who ‘Can Take a Punch’

“For the first time, Americans got to see the woman President Obama called a ‘trailblazer’ in action,” ABC anchor Diane Sawyer trumpeted Tuesday night before Jonathan Karl framed his story on Supreme Court nominee Elena Kagan’s hearing around how “a confirmation hearing isn’t usually a laughing matter, but if we learned one thing about Elena Kagan today, it’s that she has a sense of humor.” Like NBC, Karl featured Kagan joking about how she was probably at a Chinese restaurant on Christmas day. The three broadcast network evening newscasts, as well as CNN and FNC, highlighted Senator Jeff Sessions pressing Kagan on her treatment of military recruiters. Karl used the exchange to praise Kagan: “We also learned that Elena Kagan can take a punch. As when Republican Jeff Sessions slammed her decision as Harvard Law dean to ban military recruiters from the school’s career office….She made no apologies for taking a strong stand against the military’s ‘Don’t Ask, Don’t Tell’ policy.” CBS’s Jan Crawford declared Kagan “held her own, she was confident, showed flashes of wit, but she didn’t break a lot of new ground,” while NBC’s Pete Williams touted how “she displayed flashes of humor.” ( CNN expressed concern Kagan wasn’t liberal enough : “Some of her answers on hot-button issues may not please all of her fellow Democrats.” More below.) NBC’s Peter Williams raised her liberal position on one issue: “She was pressed about gun rights in light of a 1987 memo she wrote as a clerk to Justice Thurgood Marshall. ‘I’m not sympathetic,’ she wrote about a Washington, D.C., man who said a law banning handguns violated his right to bear arms.” On FNC’s Special Report, however, Carl Cameron pointed out the previous court nominee flipped on guns from the position she presented to the Senate committee: CARL CAMERON: She urged a ban on assault weapons during the Clinton administration that many consider a threat to gun rights, but she was unequivocal about Monday’s Supreme Court decision upholding the 2nd amendment right to bear arms. KAGAN: That is binding precedent entitled to all the respect of binding precedent in any case, so that is settled law. CAMERON: …But President Obama’s first Supreme Court nominee, Sonia Sotomayor, also said the 2nd amendment was an individual right in her confirmation hearings, then once on the court joined dissenting justices who said the right is not fundamental. CNN’s The Situation Room highlighted a controversy where in some notes Kagan seemed to equate the KKK and NRA, but the topic disappeared from CNN’s story reviewing the hearings. Setting up a panel discussion in the 5 PM EDT hour, fill-in anchor Suzanne Malveaux related: One of the things that they talked about was this 1996 hand-written note that conservative commentators went after, saying that they believe that she was against [for] gun control because of some comparisons she made between the NRA and the KKK. Senator Jon Kyl called her out on this, and here’s how she responded. But at the top of the 6 PM EDT hour, Dana Bash checked in with a rundown of the hearing and didn’t mention the NRA/KKK matter as she concluded by conveying liberal fears that Kagan may not be liberal enough: Some of her answers on hot-button issues may not please all of her fellow Democrats. For example, on gun rights she said that she considers recent cases before the Supreme Court, rulings upholding the 2nd amendment, a good precedent going forward. From Monday night, “ Kagan Hearings, Day 1: Evening Newscasts Downplay; NBC Offers Just 24 Seconds ” The MRC’s Brad Wilmouth corrected the closed-captioning against the video to provide these transcripts from Tuesday night, June 29: ABC’s World News: DIANE SAWYER: And next, Supreme Court nominee Elena Kagan. Senators began questioning her today – the former Harvard Law School dean – and, for the first time, Americans got to see the woman President Obama called a “trailblazer” in action. What did we learn about her? Jon Karl was in the hearing room. Jon? JONATHAN KARL: Diane, Kagan faced some tough questions. And while she may not have won over her critics, she certainly held her ground. A confirmation hearing isn’t usually a laughing matter, but if we learned one thing about Elena Kagan today, it’s that she has a sense of humor. This is what happened when Senator Lindsey Graham pressed her on where she was when the Christmas Day bomber was read his Miranda Rights. SENATOR LINDSEY GRAHAM (R-SC): Christmas Day bomber, where were you at on Christmas Day? ELENA KAGAN: You know, like all Jews, I was probably at a Chinese restaurant. (AUDIENCE LAUGHTER) KARL: The humor was contagious. SENATOR ORRIN HATCH (R-UT): We have to have a little back and forth every once in awhile or this place would be boring as hell, I’ll tell you. (AUDIENCE LAUGHTER) KAGAN: And it gets the spotlight off me. KARL: We also learned that Elena Kagan can take a punch. As when Republican Jeff Sessions slammed her decision as Harvard Law dean to ban military recruiters from the school’s career office. SENATOR JEFF SESSIONS (R-AL): I’m just a little taken aback by the tone of your remarks because it’s unconnected to reality. I know what happened at Harvard. I know you were an outspoken leader against the military policy. I know you acted without legal authority to reverse Harvard’s policy. KAGAN: I respect, and, indeed, I revere the military. My father was a veteran. KARL: She made no apologies for taking a strong stand against the military’s “Don’t Ask, Don’t Tell” policy. KAGAN: I have repeatedly said that I believe that the “Don’t Ask, Don’t Tell” policy is unwise and unjust. I believed it then and I believe it now. KARL: We also learned she favors televising Supreme Court proceedings. KAGAN: I think it would be a great thing for the institution, and, more important, I think it would be a great thing for the American people. KARL: But even that recommendation came with a joke. KAGAN: It means I’d have to get my hair done more often. KARL: As for Kagan’s now-famous criticism of previous nominees for turning hearings into a vapid and hollow charade, she acknowledged that things looked a lot differently now that she is the nominee. So when it came to specific questions of the law, Diane, she kept things just as vapid and hollow as her predecessors. SAWYER: All depends on where you sit – in her case, really sit. Thank you, Jon. Following Karl, Terry Moran reviewed what happened at Harvard with the military recruiters, noting Kagan’s passion in place of legal reasoning: “…but she kept fighting, joining several other law professors in a case against the military which the Supreme Court rejected eight to zero.” CBS Evening News: ERICA HILL: Things got a little tougher today for Supreme Court nominee Elena Kagan. After mostly listening on day one of her confirmation hearing, today she answered sharp questions from Republican Senators. Jan Crawford is our chief legal correspondent. Jan, good evening. JAN CRAWFORD: Good evening, Erica. You know, the first questions were also some of the toughest, and they focused on her efforts when she was dean at Harvard Law School to limit military recruiting there on campus because of the Pentagon’s “Don’t Ask, Don’t Tell” policy. Now, Kagan tried to explain that today, but Republicans weren’t buying it. ELENA KAGAN: The military at all times during my deanship had full and good access. Military recruiting did not go down. Indeed, in a couple of years – including the year that you’re particularly referring to – it went up. SENATOR JEFF SESSIONS (R-AL): I’m just a little taken aback by the tone of your remarks because it’s unconnected to reality. I know what happened at Harvard. I know you were an outspoken leader against the military policy. KAGAN: Later sessions questioned her intellectual honesty during that part of her testimony, and that wasn’t the only issue Republicans hammered her on. They also focused on gun rights, coming off yesterday’s Supreme Court decision that expanded gun rights nationwide. Now, Erica, Kagan said that she accepted that decision. She didn’t say, though, that she would have voted for it. And that’s that delicate dance these nominees try to do. So today she held her own, she was confident, showed flashes of wit, but she didn’t break a lot of new ground. NBC Nightly News: BRIAN WILLIAMS: On Capitol Hill, there were two critical events. We’ll begin with the first day of questions from the Senate for Elena Kagan, the woman nominated to succeed Justice John Paul Stevens on the U.S. Supreme Court. As our Justice correspondent Pete Williams reports, she faced a range of questions, beginning with her position on one hot-button military issue. PETE WILLIAMS: Republicans accused Elena Kagan of treating the military unfairly when she was Harvard Law dean, enforcing an anti-discrimination policy that kept recruiters out of the school’s placement center because of the ban on gays in the military. But she said recruiters were never barred from campus. ELENA KAGAN: Military recruiting did not go down. Indeed, in a couple years – including the year that you’re particularly referring to – it went up. SENATOR JEFF SESSIONS (R-AL): I know you acted without legal authority to reverse Harvard’s policy and deny those military equal access to campus until you were threatened by the United States government of loss of federal funds. PETE WILLIAMS: She was pressed about gun rights in light of a 1987 memo she wrote as a clerk to Justice Thurgood Marshall. “I’m not sympathetic,” she wrote about a Washington, D.C., man who said a law banning handguns violated his right to bear arms. KAGAN: The state of the law was very different. No court – not the Supreme Court and no appellate court – had held that the Second Amendment protected an individual right. PETE WILLIAMS: Her answers to some questions were, for Supreme Court hearings, unusually straightforward. Example, would she favor televising Supreme Court cases? KAGAN: I think it would be a terrific thing to have cameras in the courtroom. PETE WILLIAMS: And she displayed flashes of humor, especially in response to some unfocused questions. SENATOR LINDSEY GRAHAM (R-SC): Christmas Day bomber, where were you at on Christmas Day? KAGAN: I’m assuming that the question, you mean, is whether a person who was apprehended in the United States is- GRAHAM: No, I just asked you where you were at on Christmas? (AUDIENCE AND KAGAN LAUGH) KAGAN: You know, like all Jews, I was probably at a Chinese restaurant. (AUDIENCE LAUGHTER) PETE WILLIAMS: The questions continue tomorrow and possibly Thursday. Pete Williams, NBC News, Washington.

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Networks Paint ‘Trailblazer’ Kagan as Hilarious Wit Who ‘Can Take a Punch’

AP for Apple Polishers : Elena Kagan ‘Excelled by Dint of Hard Work, Smarts…and Good Situation Sense’

Are the Elena Kagan confirmation hearings an occasion for media explanation…or celebration? The Washington Post Express tabloid ran this headline Monday: “Kagan’s Big Day Finally Arrives.” The copy underneath by AP reporter Nancy Benac sounds like a proud mother more than an objective journalist. She suggested “it may be her own words that best explain her success at charting an undeviating course to the front steps of the high court.” She elaborated about Kagan’s career, in sympathetic tones:  She’s excelled by dint of hard work, smarts and what she describes as good “situation sense” – the ability to size up her surroundings and figure out what truly matters, as she put it during confirmation hearings for her last job, as President Barack Obama’s solicitor general, the government’s top lawyer. It’s what allowed Kagan to channel the thinking of legal giant Thurgood Marshall when she was a “27-year-old pipsqueak” clerk to the justice. It’s what allowed Kagan to navigate through the land mines of government policy on abortion, tobacco and other contentious issues as an adviser to President Bill Clinton. It’s what allowed Kagan to thrive as the first female dean of Harvard Law School and even foster detente within its famously fractious faculty. Now, 50-year-old Elena Kagan stands before the Senate, confident she will be judged ready to join the justices whom she’s calls “fabulously smart, fabulously interesting people.” Only in the last paragraph of the seven-paragraph Express item is there an admission that “Republicans have done plenty of grumbling about her liberal views,” but “all sides anticipate she will be confirmed.” Earlier: AP’s Nancy Benac Excited ‘Bold Colors’ and ‘Squiggly Lines Have Arrived’ on Obama White House Walls

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AP for Apple Polishers : Elena Kagan ‘Excelled by Dint of Hard Work, Smarts…and Good Situation Sense’

Why Is the White House Hiding Elena Kagan’s Family? [Speculation]

The Times is reporting that journalists are being prevented from speaking with the family of Supreme Court nominee Elena Kagan . Specifically, Times journalists. What is Obama hiding from the press? Come, join us in rampant speculation! More