The Thurgood Marshall hearing

Dana Millbank listened to the Kagan hearings so I didn’t have to: 

He noted that the late Justice Thurgood Marshall – for whom Elena Kagan clerked when she was younger, and whom she admired – appeared to be on trial at yesterday’s Judiciary Committee hearings. 

Sen. Jeff Sessions (Ala.), the ranking Republican on the panel, branded Marshall a “well-known activist.” Sen. Chuck Grassley (R-Iowa) said Marshall’s legal view “does not comport with the proper role of a judge or judicial method.” 
Sen. John Cornyn (R-Tex.) pronounced Marshall “a judicial activist” with a “judicial philosophy that concerns me.”  

 . . . .

I really don’t think Cornyn has much to worry about. Marshall died in 1993, 17 years ago. Died. Passed. Kicked the bucket. Met his maker. Slipped into the long sleep. Said bye-bye. Stopped messing with the Constitution for good. 

The Senator from Texas has never shown himself to be among the leading intellectual lights of the world’s greatest deliberative body. But he has great hair.

14 responses to “The Thurgood Marshall hearing

  1. and an amazing long and unforgiving memory.


  2. No need to worry Moe. Kagan will be confirmed. It’s all talk anyway. What they’re doing is a joke; a complete waste of time. She ‘s about as qualified for the Supreme Court as Obama is for the presidency, so she’s a shoe-in. What I find completely hiliarious is Chuck Shumer said she represents “the best this country has to offfer”! Holy crap! So there’s actually not a judge in America that’s not better?
    Oh, and it’s abominable to bring up Thurgood Marshall, but jeez, the left just can’t get past poor, dead Ronald Reagan.
    Like I said, she’ll get in. I watched some of the hearings, heck, my dog could get sworn in.


    • I’m sure she’ll get confirmed too, Steve. But I do share your outrage that a Democratic Senator from NY complimented a native NY nominee to the Supreme Court. We really have to put a stop to that sort of thing!

      Meanwhile, just for the fun of it, here are some current / recent votes Senate votes:

      Scalia 98-0 – R 1986
      Stevens 98-0 – R 1975
      Ginsberg 96-3 – D 1993
      O’Connor 91-8 – R 1981
      Souter 90-9 – R 1990
      Breyer 87-9 – D 1994
      Roberts 78-22 – R 2005
      Rehnquist 68-26 – R 1972
      Sotomayor 68-31 – D 2009
      Alito 58-42 – R 2006
      Thomas 52-48 – R 1991

      9 Republican appointments, 3 Democrat appointments. Not sure what these numbers mean but there does look like a trend toward more partisan votes.

      Also, she apparently said some time back that these judiciary hearings are vapid and vacant or something like that. She was right. The nominee keeps it all close to the vests and the Senators sit up there all puffed up eternally running for office.


      • I agree with you about the partisan thing. I think what’s happening is the judges being appointed, especially lately, are pretty “progressive”. I find the close vote for Thomas appalling. The guy is a pretty good judge. He’s castigated by the left because he’s conservative and black.
        There is no comparison between Obama’s choices for judgeship and say the appointments of Roberts and Alito. Two excellent choices. Though I’d like to know what Roberts and Obama talked about before Roberts swore Obama in. Highly unusual.


        • There is no comparison between Obama’s choices for judgeship and say the appointments of Roberts and Alito. Two excellent choices.

          Of course, people from my side of the aisle would call Roberts and Alito two of the worst choices ever – activist judges looking to go beyond their duties and actually write law. The Citizens United decision will eventually be devastating to our freedom….


        • Sorry Steve – Thomas is not ‘a pretty good judge’. He got the fewest votes of any justice since 1972. Scalia, whom Thomas most closely resembles in judicial philosopy, was voted in with 98 votes – Dems know a highly qualified jurist when they see one. Roberts got 20 more votes than Thomas. Even Alito did better.

          By the way, Thomas has never – repeat NEVER -asked a question from the bench. The only Supreme Court Justice ever who didn’t.

          Roberts and Alilto are – as the prof said – very activist judges. They lack Scalia’s empathy (sorry for that commie Jesus-like thing) and they appear also to lack humor.

          I do not trust people who lack humor.


          • “Thomas got the fewest votes”…
            My point exactly … black and conservative.
            “be swift to hear, slow to speak” … that’s Justice Thomas.
            Yeah, humor is just about what the new appointments are all about. That should please the left immensely.


  3. haha!

    I read this on another blog – just had to share….

    Here’s what I wish Kagen had said yesterday while Sessions was speaking of Thurgood Marshall:

    ” Senator Sessions, Senator Jefferson Beauregard Sessions III, we get it that you, your daddy and your daddy’s daddy were named for Confederate president Jefferson Davis and Confederate general P.G.T. Beauregard. So we understand it’s difficult to hide your bigotry. But honestly, do you think dissing Justice Marsall is gonna curry any favor with Black voters in Alabama? “

    (here is the link to the blog it came from)


  4. Love the blog title. It really says it all.


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