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.
You can have wealth concentrated in the hands of a few, or democracy. But you cannot have both.
