Tuesday, June 29, 2010

Kagan , Justice Alito, Banning Books , And Women In High Heels!!

Another Supreme Court Post!

I am not thrilled with the Kagan nomination. She would be like my last choice.

But as a certain Senator from South Carolina says election have consequences and unless we conservatives can catch her in bed with a live teenage underage girl or dead boy in the next few weeks she is getting nominated. That is the facts of life.

Now I do understand that this is a important time and conservatives use these hearings (like the liberals) to give the public a judicial education and oh raise a lot of money sending out flyers how the Republic will stand or fall because of this nomination. So good grief please send 25 dollars NOW!!!

I also understand this is a contact sport!! That being said fair is fair So I am coming in the defense of Kagan here.

There is video/audio circulating around see via American Catholic Elena Kagan Says It Is Fine If The Law Bans Books and The Anchoress It’s FINE if law bans books – UPDATED

This is like on a million sites right now and going out in MILLIONS of emails no doubt.

The comments at the Anchoress (which I think has a conservative crowd) are generally pretty good . There are some that make the obvious argument "Heck lawyers represent folks she is representing you because your Congress passed this legislature and sometimes well the argument is just going to suck" It happens. Sometimes there is no alternative than the sucky argument.

This happens a good bit at the Supreme Court where the Justices can make the most seasoned legal minds look like they have never represented anyone in parking ticket case after they are thought with them. (For the record actually winning a Parking Ticket or Speeding Ticket case is pretty hard if not next to impossible so perhaps we shoudl retire that tired ole example)

That being said I don't think it is really fair to say that Kagen REALLY thinks banning books is a good idea. She had to go where the Judges hypos took her and well at times you get that sinking feeling as to argue back.

I left this comment at the Anchoress (I have edited some for Clarity oh and I keep wanting to spell her name KAGEN which is incorrect. Got to break that habit):

Returning to the issue at hand let me give a apt example of where this came up this past term. A issue where Justice Alito and Kagan were on the same page. In fact Alito was the only dissenting Justice.

The issue was Crush videos. Crush videos are for people that have a particular sexual fetish. That is watching women wearing high heels kill small animals with their shoes.

The Case was U.S. V Stevens and Slate does a good and fun job of looking at the case and arguements here

Now in reality we are dealing with the same issues. The Statute was seen as overbroad!! Justice Roberts and other Justice (minus Alito) were having fits.

Kagen like here had to fall back on the ole trust us prosecutors would never files charges against someone that perhaps had filmed video that showed the killing of animals that had some legitmate value.

Roberts in one of his best quotes of the term said:
“Not to worry, the Government says: The Executive Branch construes §48 to reach only “extreme” cruelty, and it “neither has brought nor will bring a prosecution for anything less,” The Government hits this theme hard, invoking its prosecutorial discretion several times. But the First Amendment protects against the Government; it does not leave us at the mercy of noblesse oblige. We would not uphold an unconstitutional statute merely because the Government promised to use it responsibly.”

Now I largely agree with that sentiment by Roberts .

However , Alito did not like seeing Kittens getting crushed by women in High heels and fully thought we could trust the Govt to act in a responsible manner.

In other words he agreed with Kagan who had to fall back on that old line of defense that the GOVT would not do that and in fact if it did would not succeed in all these hypos that Roberts and Scalia and Stevens were doing all over the place .

Now I know people get upset about images of banning books but in reality for the issues involved the Law that was discussed and the Crush videos are involving the same principles and arguments. Both in the Courts view involve statutes and implications of other statutes that perhaps are over broad.

Now I highly suspect that many people APPALLED at Kagan comments on books perhaps were singing a different tune when Kagen went it is outrageous to think the prosecutors would arrest people that do hunting videos when all they want to do is help save Alito's kittens from performers in high heels.

How silly!!! What does this have to do with the first amendment.

Needless to say I did not see a lot of post on FILM BANNING ALITO and his threat to our liberties.

Well I am glad we did not because that would have been overboard.

Well it is all the from one’s viewpoint. So just like I don’t think Alito’s dissent was “unethical” because in a proposed hypo his view of the world if enacted MIGHT somewhere down the line could have been used to ban permitted speech I then have time seeing how Kagan’s is unethical here or there

So while entertaining conservatives , and I agree I like the theatre of it, this is going nowhere. We would be better off staking out her house waiting for the live girl or dead boy to show up than waste our time with this.

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