Apr 19 2010
Glenn Greenwald opining on civil liberties encroachments by a unitary executive:
As usual, it doesn’t pay to engage Greenwald in a counter-struggle. Many species of prey simply fall into an autonomic state of hyperarousal and “tonic immobility” when attacked, because any struggle would be merely a further incentive for the predator to finish the kill. I’m looking forward to his Monday article on alternatives to Elena Kagan.
Mar 05 2010
U.S. Solicitor General Elena Kagan has an excellent shot at being nominated for the Supreme Court when John Paul Stevens retires.
The President will want a highly qualified nominee, obviously. Beyond that, the calculation for the White House will be almost entirely political. Rahm Emanuel will have overriding control – if not minute-by-minute involvement – just as he did with Justice Sotomayor. And as with that previous confirmation, the calculus will be one of the political costs and benefits of the highly qualified candidates at the political moment in time.
Kagan is technically qualified, but unfit for the job on ideological grounds, imo. I base that opinion on her arguments concerning the broad sweep of anti-terrorism laws recently made to the Supreme Court in the case (Holder vs. Humanitarian Law Project) concerning Robert Fertig, a lawyer and president of the Humanitarian Law Project, who gave “expert advice or assistance” to the PKK in Turkey.