Judicial

In 2005, George W. Bush chose who would be his nominee to succeed Sandra Day O’Connor on the Supreme Court. It was his longtime friend and legal confidant, Harriet Miers. Unknown in legal circles, the biggest achievement of his fellow Texan was that she worked in the White House as legal counsel. Upon being named, both the left and the right came out against her nomination. However, it was the strong opposition by the conservatives that brought the nomination down.

It only makes sense that people should be able to defend themselves in their own homes. The Second Amendment in the Bill of Rights states "the right of the People to keep and bear arms shall not be infringed." It doesn’t mention geographical boundaries. However, Chicago’s handgun ban has been keeping firearms out of the homes of law abiding citizens for years. At the same time the arsenal carried by criminals has grown in the Windy City, causing gun violence to rise. The handgun ban did little to protect the citizens of the city and instead made them criminals if they chose to protect themselves with a firearm. It also infringed on the rights of hunters, sportsmen and weapons collectors.

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Yesterday is a day that will live in infamy for people of good will across the United States. In a 5-to-4 decision, in McDonald v. City of Chicago, a sharply divided U.S. Supreme Court unleashed an unabated free for all by the NRA and other pro-gun extremists over who can arm how many people in the shortest period of time. I am deeply troubled by this ruling as it comes as the result of five conservative, activist judges whose arc of justice bends towards those with guns no matter the circumstance and no matter the community.

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Today the Senate begins consideration of the lifetime appointment of Elena Kagan to the U.S. Supreme Court.  Critics have said that her judicial record is non-existent, and there are few clues to how she will rule on the country's highest court. However, her past actions do signal her views on one of the most important issues likely to come before the Court in the near future: a state's right to play a role in the enforcement of immigration laws.

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Today marks a great moment in American history. This is a landmark decision. It is a vindication for the great majority of American citizens who have always believed the Second Amendment was an individual right and freedom worth defending.

On Monday, I will have the chance to introduce Elena Kagan to the Senate Judiciary Committee as our confirmation process begins in earnest. Before I do, I wanted to clear the air about a mistruth that some are determined to keep recycling and recirculating – I guess not surprising, but nonetheless disappointing when we’re talking about a nomination for the Supreme Court where you’d think the Senate would actually insist on a debate on the merits.

Instead, misinformation, distortions and flat-out untruths about Elena Kagan’s support of the military are growing predictably louder.

Next week, the Senate Judiciary Committee will take up the nomination of Elena Kagan for the U.S. Supreme Court. Former White House Counsel Greg Craig has said that Kagan “is largely a progressive in the mold of Obama himself.”

And while it’s no surprise that a liberal President would nominate a liberal to serve on the Supreme Court, it is disappointing.  What is important in a potential Supreme Court Justice isn’t political ideology—but rather a clear understanding of the role, and limits, of a federal judge. Read more...

The new Supreme Court pick, Elena Kagan, has never been a judge. News reports say she doesn't have trial court experience as a lawyer.
As a lawyer, she never questioned a witness or made an argument before a jury. She's never been a trial judge, so she never had to make a constitutional ruling in the courtroom in the heat of trial. She's never heard a civil case. She's never heard a criminal case. She's never even heard a traffic case. She's never ruled on the rules of evidence like the exclusionary rule. She's never instructed a jury on reasonable doubt or sentenced a convicted criminal.

Some of the nation's top political commentators, legislators and intellectuals offer their insight into the biggest news story today. . .

Today's question:

Is Solicitor General Elena Kagan the right choice for the Supreme Court? Why or Why not?

The catastrophe at Upper Big Branch that killed 29 miners evokes the disaster at Westray that killed 26 almost exactly 18 years earlier.
 
As at Upper Big Branch, a coal dust and methane explosion ripped through the Westray mine in Plymouth, Nova Scotia early in the morning. As at Upper Big Branch, rescuers discovered bodies, but toxic air forced them out before they could account for all missing miners. After five days, dangerous conditions permanently ended the search for the missing 11 at Westray. They’re entombed in the hazardous workplace that took their lives, a mine like Upper Big Branch that had been cited for dust and methane violations.
 
Nova Scotia erected a memorial over the spot where the bodies of the 11 are believed to be, with plaques bearing the names of the miners killed, like tombstones on stanchions. West Virginia no doubt will commemorate those killed at Massey Energy’s Upper Big Branch.
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