Shocker: Kagan And White House Lied About Kagan's Role In ObamaCare Litigation Defense

How can she not recuse herself?, a commenter asks.

Well, I think if you've set out to lie and falsify the record to get on the court you are prepared to just lie some more, eh?

In an email dated Jan. 8, 2010, then-Deputy Solicitor General Neal Katyal sent an email to Senior Counsel Brian Hauck and Deputy Attorney General Thomas Perrelli that indicates Kagan played a key role in coming up with a legal defense.

Brian, Elena would definitely like OSG [Office of Solicitor General] to be involved in this set of issues we will bring Elena as needed.

In an email on March 21, 2010, Katyal urged Kagan to attend a health-care litigation meeting on defending the law. I think you should go, no? wrote Katyal. I will, regardless, but feel like this is litigation of singular importance.

The documents also show that once Kagan was nominated to the Supreme Court, she and Katyal immediately switched course to distance her from discussions about the legislation.

On May 17, 2010, for example, Tracy Schmaler, a Department of Justice spokesperson wrote to Katyal, Has Elena been involved in any of that to the extent SG office was consulted ?

No, she has never been involved in any of it. Ive run it for the office, and have never discussed the issues with her one bit, was Katyals response. He then forwarded the correspondence to Kagan, saying This is what I told Tracy about Health Care.

Kagans response: This needs to be coordinated. Tracy you should not say anything about this before talking to me.

Just a crazy question here -- has anyone said "We've got to get our stories straight" when everyone involved was planning on telling the truth?

Are "coordinated" stories generally more credible than uncoordinated, unscripted ones? I guess the Obama White House thinks so.

"Coordination"

It's a hip, smart way to say "lying."

Posted by: Ace at 04:02 PM



Comments

1 MFM, "Not a problem. Say, that Newt is just a treasure trove of ideas, what?"

Posted by: Hussein the Plumber at May 18, 2011 04:04 PM (jx2j9)

2 Dammit, I'm getting a first.

Posted by: Newton Leroy Ronald Wilson Reagan Gingrich at May 18, 2011 04:05 PM (0s3Vk)

3 Kinetic, integrative, complex coordination.

Posted by: Marcus at May 18, 2011 04:05 PM (CHrmZ)

4 Heh, I was gonna do a FIFY on the last bold line, but you changed it perfectly.

Posted by: Guy Fawkes at May 18, 2011 04:06 PM (IXLvN)

5 Uh, note to all the folks that think it will be cute to 'speed up the process' by voting for Zero the second time around if Mittens is our nominee....

This is what you'll get. More of it anyway. Wise Latina's and Kevin James as Supreme Court Justices.

Posted by: laceyunderalls at May 18, 2011 04:06 PM (pLTLS)

6 Coordination, never thought of that.

Posted by: Joe Isuzu at May 18, 2011 04:06 PM (2dbd9)

7 Recuse herself? Shouldn't she be impeached?

Posted by: zmdavid at May 18, 2011 04:06 PM (8ISzx)

8 Well, maybe Thomas will not need to recuse himself either then

Posted by: AE at May 18, 2011 04:07 PM (YYjeh)

9 WTF Ace are you trying to make me pop a blood vessel?

First SSI baby and now this.

Posted by: Buzzsaw at May 18, 2011 04:07 PM (tf9Ne)

10 I'd hate to have a president with no government experience.

Posted by: Jane D'oh at May 18, 2011 04:07 PM (UOM48)

11 How can she he not recuse herself?, a commenter asks.

By the way, isn't Kagan really a he? Just asking...

Posted by: Marcus at May 18, 2011 04:08 PM (CHrmZ)

12 All I know is that I can't wait to hear Scalia's opinion about it in either the winning or losing decision.

Posted by: buzzion at May 18, 2011 04:08 PM (oVQFe)

13 By the way, isn't Kagan really a he? Just asking...


Posted by: Marcus at May 18, 2011 04:08 PM (CHrmZ)
Someone check "it" for leathery pissflaps.

Posted by: Hedgehog at May 18, 2011 04:09 PM (Rn2kl)

14 Obama is starting to make me look like an amateur .

Posted by: Zombie Tricky Dick Nixon at May 18, 2011 04:10 PM (JpFM9)

15 Libs have no morals only goals.

Posted by: IE Con at May 18, 2011 04:10 PM (/COcn)

16 Shocked, shocked etc

Posted by: your winnings, sir at May 18, 2011 04:12 PM (GTbGH)

17 In Congress - Mandate to buy Health Insurance = Law
In Court - Mandate to buy Health Insurance = Tax

In Private - "Bitter, gun-clingers"
In Public - "Republicans only care about the wealthy"



Posted by: Barack "Louis XVI" Obama at May 18, 2011 04:12 PM (DNTer)

18 Yes. A Dem lied. A shocker indeed.

In other news, I keep waiting for this to pop up on here somewhere and I can't believe it hasn't. Or, has it been posted and I completely overlooked it?


Posted by: Clueless at May 18, 2011 04:12 PM (piMMO)

19 Time for the other SCOTUS justices to vote her off the island...

Posted by: CoolCzech at May 18, 2011 04:13 PM (kUaEF)

20 I'd hate to have a president with no government experience.
D'Oh!

Posted by: Homer Simpson at May 18, 2011 04:13 PM (piMMO)

21 And, of course, nothing will come of it. Once on the court you have to murder a unicorn and molest the body to get thrown off the court. And maybe not even then.

Posted by: joncelli at May 18, 2011 04:14 PM (RD7QR)

22 #18

The Elders?

Can I join?

Posted by: Zombie Tricky Dick Nixon at May 18, 2011 04:16 PM (JpFM9)

23 "Coach" Kagan won't recuse herself. And there's no way to force her to step down.

What a country!

Posted by: Empire of Jeff at May 18, 2011 04:16 PM (hlY6R)

24 This is nothing. Alito dared to correct the bowing teleprompter reader! He's a biased basterd!!!!

Posted by: IE Con at May 18, 2011 04:16 PM (/COcn)

25

Like so much from our masters these days, a new force unto itself.

Posted by: Hussein the Plumber at May 18, 2011 04:17 PM (jx2j9)

26 They bring a knife, you bring a gun. They kill one of ours, we kill their whole fucking family......THAT'S the Chicago way.

Posted by: Sponge at May 18, 2011 04:18 PM (UK9cE)

27 Once on the court you have to murder a unicorn and molest the body to get thrown off the court.

Intriguing. This Supreme Court thing-is any special training required?

Posted by: Roman Polanski at May 18, 2011 04:18 PM (gmlb7)

28 This woman was qualified to be on the Supreme Court the way I am to be a neurosurgeon.

Posted by: Circa (Insert Year Here) at May 18, 2011 04:19 PM (7utQ2)

29 Intriguing. This Supreme Court thing-is any special training required?
Posted by: Roman Polanski at May 18, 2011 04:18 PM (gmlb7)

Nope! And you get to choose your own softball team clerks!

Posted by: Justice Kagan at May 18, 2011 04:20 PM (RD7QR)

30 This woman was qualified to be on the Supreme Court the way I am to be a neurosurgeon.

A SEAL team 6 neurosurgeon or the kind that sews up when finished?


Posted by: Buzzsaw at May 18, 2011 04:21 PM (tf9Ne)

31 The Elders?Can I join?
I think your youth and integrity may be a hindrance.

Posted by: Homer Simpson at May 18, 2011 04:21 PM (piMMO)

32 Elena's taco is moist, what more can you ask for?

Posted by: Wise Latina at May 18, 2011 04:21 PM (EL+OC)

33 27 Once on the court you have to murder a unicorn and molest the body to get thrown off the court.Intriguing. This Supreme Court thing-is any special training required?
Posted by: Roman Polanski at May 18, 2011 04:18 PM (gmlb7)
No, Roman. That's an ADULT unicorn...

Posted by: rabidsquirrel at May 18, 2011 04:22 PM (RuF8n)

34 Recuse herself? Shouldn't she be impeached?
This.

Posted by: Ghost of Lee Atwater at May 18, 2011 04:22 PM (JxMoP)

35 32

That was so, so, so wrong on a level I can't even comprehend.

Posted by: mpfs at May 18, 2011 04:23 PM (iYbLN)

36 Impeachment. It's what's for dinner with lefties.

Posted by: progressoverpeace at May 18, 2011 04:23 PM (G/MYk)

37 11
How can she he not recuse herself?, a commenter asks.By the way, isn't Kagan really a he? Just asking...
I don't know... anyone seen Kevin Spacey since Kagan was confirmed?

Posted by: Brandon In Baton Rouge at May 18, 2011 04:23 PM (UvFnc)

38 We need to be Trampling out the Vineyards where the Grapes of Wrath are stored.

Or force this joke / freak to resign. Or impeach her fat ass

Posted by: SantaRosaStan at May 18, 2011 04:25 PM (UqKQV)

39 So Obama lied nothing unusual there. As for her recusing herself she is a rabid Democrap. They have no ethics and there is no rule to force her.

And getting thrown off the court???? hahahahahaha. No supreme court justice has EVER been impeached, even when caught in bribes. So don't look for that to happen.

Posted by: Vic at May 18, 2011 04:25 PM (M9Ie6)

40 BTW, the key to keeping scrunts like this off the court is to keep RINOs off the Judiciary Committee.

Posted by: Vic at May 18, 2011 04:26 PM (M9Ie6)

41 No supreme court justice has EVER been impeached, even when caught in bribes. So don't look for that to happen.
Abe Fortas resigned under threat of being impeached.

Posted by: Brandon In Baton Rouge at May 18, 2011 04:27 PM (UvFnc)

42 This needs to be coordinated. Tracy you should not say anything about this before talking to me.

The adult version of two little kids deciding on the best story, involving the least projected punishment, to tell mom and dad about how the lamp got broken.

1. Your friendly family pet did it for no apparent reason.
2. Oooops was just walking by and accidentally bumped the table it could happen to anyone.
3. Just found it that way, have no idea how it happened.
4. Was trying to turn it on to read Understanding Calculus, Moby Dick, Principia, and the Great Episodes series.

5. Was playing tackle football in the house.

Posted by: MikeTheMoose at May 18, 2011 04:27 PM (0q2P7)

43 Friends, an Obama presidency is nothing to fear.

Posted by: John McCain at May 18, 2011 04:28 PM (/COcn)

44 They told me if I voted for John McCain we'd have corrupt, lying hacks appointed to the Supreme Court.
And they were right!

Posted by: MWR at May 18, 2011 04:29 PM (4df7R)

45 Someone check "it" for leathery pissflaps.


Posted by: Hedgehog at May 18, 2011 04:09 PM (Rn2kl)


Someone should test 'her' for penis. I bet 'she' comes up positive.


Posted by: Sponge at May 18, 2011 04:29 PM (UK9cE)

46 I've said it before and I'll say it again: It's amazing how much of our system depends on judges being honest.

And given that we require that judges are lawyers, we are in deep trouble.

Posted by: AmishDude at May 18, 2011 04:30 PM (T0NGe)

47 She should be impeached and the justice dept. lawyers who assisted in the coverup should go to prison.

Posted by: Dave at May 18, 2011 04:30 PM (Xm1aB)

48 Abe Fortas resigned under threat of being impeached.

The key there is he resigned. We'll never know if he would have been impeached or not.

Posted by: Vic at May 18, 2011 04:31 PM (M9Ie6)

49 According to the supreme court's softball team website, she's got a .997 fielding percentage at shortstop and is hitting .650 - she's not going anywhere.

Posted by: Ted Kennedy's Gristle Encased Head at May 18, 2011 04:36 PM (+lsX1)

50 The key there is he resigned. We'll never know if he would have been impeached or not.

Considering the Dems held the Senate and had already told Fortas' buddy LBJ where to stick his attempt to make Fortas into Chief Justice over a prior scandal, I'd say the chances were high.

Posted by: Brandon In Baton Rouge at May 18, 2011 04:36 PM (UvFnc)

51
Hmmmm.... lieing to Congress is a felony, but who would try the case?
Uh... paging... Eric Holder?
When Lawbreakers are in charge of the Law, we no longer have a Republic.

Posted by: Romeo13 at May 18, 2011 04:37 PM (NtXW4)

52 49
According to the supreme court's softball team website, she's got a .997
fielding percentage at shortstop and is hitting .650 - she's not going
anywhere.


Posted by: Ted Kennedy's Gristle Encased Head at May 18, 2011 04:36 PM (+lsX1)

Interesting. I always thought she was a catcher.

Posted by: Rosie O'Donnell at May 18, 2011 04:39 PM (/izg2)

53 Fuck Obama

Posted by: tangonine at May 18, 2011 04:39 PM (x3YFz)

54 Yeah, we used to have law in this country. Or so I've heard.

Obviously now it's just power out-shouting truth, or whatever the catch-phrase is.

Man, I feel kind of sick.

Posted by: Merovign, Dark Lord of the Sith at May 18, 2011 04:40 PM (bxiXv)

55 Sure would be nice if someone from Ryan, Perry, Palin, Bachmann camps was compiling a complete dossier of all the crap this thug administration is pulling and aired it early and often during the campaign. Can't see Mittens or T-Paw doing it.

Posted by: Tom Mathers at May 18, 2011 04:41 PM (M2csn)

56 47
She should be impeached and the justice dept. lawyers who assisted in the coverup should go to prison.

Posted by: Dave at May 18, 2011 04:30 PM (Xm1aB)
LOL. The justice dept is busy hunting for opportunities to prosecute white people.

Posted by: tangonine at May 18, 2011 04:41 PM (x3YFz)

57 Has anyone ever seen Chris Christie and Elena Kagan in the same room? Just asking...

Posted by: Humpty hump at May 18, 2011 04:41 PM (iGvSp)

58 Who ever really believed she had nothing to do with Obamacare?Nobody of course but now they are absolutely caught in the lie.Not expecting anything to come of it though.Dems have no shame,control the DOJ and the MFM will cover for them.

Posted by: steevy at May 18, 2011 04:44 PM (nUthd)

59 57 Has anyone ever seen Chris Christie and Elena Kagan in the same room? Just asking...
Posted by: Humpty hump at May 18, 2011 04:41 PM (iGvSp)
They couldn't be one in the same. Christie is far more ladylike than is she.

Posted by: rightzilla at May 18, 2011 04:45 PM (SPVfc)

60 On the 21st of May we take care of all the family business.

That includes diaper boy too.

Posted by: The One The Only Almighty God at May 18, 2011 04:45 PM (iYbLN)

61 Obviously, you are a misogynist homophobe for pointing this out.

Posted by: The Poster Formerly Known as Mr. Barky at May 18, 2011 04:46 PM (qwK3S)

62 Thank you Lindsay fucking Graham......

Posted by: Sponge at May 18, 2011 04:47 PM (UK9cE)

63 Idon't care...Kagen has a nice Ass !!!!!!!

Posted by: A Yak in Siberia at May 18, 2011 04:48 PM (48wze)

64 I will give the dems credit for one thing, and one thing only...repeating, (loudly) their lies, in the face of the truth, over and over again with straight faces, the result being that theyhave no consequences for the ruination of this country.

Posted by: rightzilla at May 18, 2011 04:48 PM (SPVfc)

65 Supposing the R's take the Senate and the Presidency, one of their first actions should be impeachment and removal of Kagan from office. Recusal, my ass. Not nearly good enough. Virtually all nominees go through the bullshit formality about hemming and hawing over how much they've thought about Roe v. Wade, but this is the second item that Kagan has been caught in where she flat out lied to the committee during her hearings. Of course, if they only take the Senate there's really no point if the JEF can just appoint another diversity candidate.

Posted by: somebody else, not me at May 18, 2011 04:49 PM (7EV/g)

66 Just saw an ad...

Does Jello really want to go down the whole "pudding face" road?

Really?

Posted by: Homer Simpson at May 18, 2011 04:49 PM (piMMO)

67 64
I will give the dems credit for one thing, and one thing
only...repeating, (loudly) their lies, in the face of the truth, over
and over again with straight faces, the result being that theyhave no
consequences for the ruination of this country.

Posted by: rightzilla at May 18, 2011 04:48 PM (SPVfc)
There will be a reckoning.

Posted by: tangonine at May 18, 2011 04:49 PM (x3YFz)

68 These people are the demon asshats the crazy conservative people warned me they were.

Posted by: ParisParamus at May 18, 2011 04:51 PM (tUIG0)

69 Precedent

Posted by: Truman North, wikipedia scholar at May 18, 2011 04:52 PM (K2wpv)

70 Fractal Corruption - no matter how you examine it, it's allshite
Final days in FRKAUS / former Republic Known as the US
Lord 'Bongo completes the Transformation. All Hail 'Bongo

Posted by: OhioDude at May 18, 2011 04:54 PM (KwqTw)

71 We are so fucked.

Posted by: steevy at May 18, 2011 04:55 PM (nUthd)

72 Is 2012 going to be too late? Because we are now living under a lawless dictatorship.

Posted by: Soona at May 18, 2011 04:55 PM (SCK1+)

73
28 This woman was qualified to be on the Supreme Court the way I am to be a neurosurgeon.
This woman was qualified to be on the Supreme Court the way Obama was to be President.

The correct analogy. IMHO

Posted by: I'm the Honey Badger, BITCH! at May 18, 2011 04:55 PM (W1mrP)

74 You are all obviously homophobes.

Posted by: Wise Latina at May 18, 2011 04:56 PM (EL+OC)

75 Wonder cob-logger and alleged lawyer Gabriel Malor ridiculed my statement that as SG, Elena Kagan almost certainly was involved in discussions about the constitutionality of PeteyCare.

Gabe sniffed that that was silly because that's not the job of the SG..

...and then he criticized a typo that I made

So Gabe was under the impression that as SG, whose job is to represent the President in front of the SCOTUS, would have no reason to be consulted about the constitutionality of a law that was certain to be challenged all the way through the federal system.

Is Gabe really an attorney?

Posted by: beedubya at May 18, 2011 04:58 PM (AnTyA)

76 leathery pissflaps

Quaint term. Don't think it quite beats meat curtains though. I think I even heard that term here some time ago, iirc.

Posted by: Lady in Black at May 18, 2011 05:00 PM (XK4nA)

77 Okay, look, Elana. We've never
worked together on a lie. Now, you don't understand how I work. I have a certain
way of working. Jerry and I have worked together a few times. He knows how I
work. It's not a personal thing, y'know? We're just trying to come up with the best possible lie. That's what this is all about.

Posted by: george costanza at May 18, 2011 05:00 PM (Y1DZt)

78 ...and then he criticized a typo that I madeThat's the part that got me!

Posted by: national Spelling Bee Champ at May 18, 2011 05:01 PM (SPVfc)

79 Is Gabe really an attorney?

Posted by: beedubya at May 18, 2011 04:58 PM (AnTyA)

I will scratch him from my to-be retained list.

Posted by: Barbarian at May 18, 2011 05:01 PM (EL+OC)

80 77 Okay, look, Elana. We've never worked together on a lie. Now, you don't understand how I work. I have a certain way of working. Jerry and I have worked together a few times. He knows how I work. It's not a personal thing, y'know? We're just trying to come up with the best possible lie. That's what this is all about.
Posted by: george costanza at May 18, 2011 05:00 PM (Y1DZt)
It wasn't Kegan, it was Art Vandelay!

Posted by: Jerry at May 18, 2011 05:02 PM (SPVfc)

81 ...

Posted by: rightzilla at May 18, 2011 05:02 PM (SPVfc)

82 Lying liars lie, nothing that comes out of this administration is truthful. And not a peep from the media. It's almost as if they're trying to help Obama get re-elected.

Posted by: Bosk at May 18, 2011 05:04 PM (pUO5u)

83 73

28 This woman was qualified to be on the Supreme Court the way I am to be a neurosurgeon.
This woman was qualified to be on the Supreme Court the way Obama was to be President.

The correct analogy. IMHO

Maybe, just maybe, she's qualified to be on SCOTUS. And maybe I'm a Chinese jet pilot.

Posted by: Ashley J Williams at May 18, 2011 05:05 PM (UvFnc)

84 Is Gabe really an attorney?

I'm not sure if he is or if he just stayed in a Holiday Inn Express last night.

Posted by: Lionel Hutz at May 18, 2011 05:06 PM (UvFnc)

85 You know, if this happened to any of us, we would be brought up on perjury charges.

Must be nice being one of the Elites.

Posted by: Xoxotl at May 18, 2011 05:09 PM (3AOLv)

86 Fuck Elena Kagan. Lying leftist piece of trash.

Posted by: Clubber Lang at May 18, 2011 05:12 PM (QcFbt)

87 Wha...? I didn't tell you? I gotta go meet Elana. She... She's having some problems with this guy she's seeing. Yeah, yeah. She's seeing this guy, Art Vandelay.

He's an importer-exporter.Well, he uh, he wants to uh, quit the exporting and uh, focus just on the importing. And it's a problem, because she thinks the exporting is as important as the importing.

Right. C'mon! I'm having an affair with Elana?! If I was having an affair with Elana, I wouldn't tell you I'm going to see Elana. I would make up some other person to tell you I was gonna go see, and then I would go see Ela... Elana.

Posted by: george costanza at May 18, 2011 05:13 PM (Y1DZt)

88
We knew she was solicitor general. I expected this to happen. Why she was confirmed is beyond me but those senators are so much smarter than we are!
I like the vote her off the island comment! Vote her out of the court. We have laws and they skirt and or break the laws in this admin. We need accountability, and we do not have it.

Posted by: Carol at May 18, 2011 05:14 PM (bdB1C)

89 Don't worry everyone, the Department of Justice is investigating. I'm sure they'll find that there is nothing wrong here and continue their in-depth investigations of CIA agents torturing Muslims.

Posted by: Geronimo at May 18, 2011 05:17 PM (KVI8B)

90 It amazes me.

It is ASTOUNDING to me!

I simply CANNOT get my head around the fact that Obama can still pull nearly half the voting public, regardless of what he does.

As ugly as the calls of racism have been in the past, just remember that he didn't have to fight nearly as hard in 2008. What happens when they really have to take it up a notch?

Posted by: Homer Simpson at May 18, 2011 05:18 PM (piMMO)

91 Just trying to figure out why the Rs won't fight like hell when an obviously horrible SC nominee is up for debate. Why is it the Ted Kennedy's of the world only end up being Ds? This woman is less qualified to be a SC Justice than Robert Bork and it isn't even close. Yet, because we have a bunch of squishes in Washington, no one said boo.

Posted by: Rich at May 18, 2011 05:22 PM (luBc0)

92 Is this something Issa should be looking into?

Posted by: Bosk at May 18, 2011 05:23 PM (pUO5u)

93 Chimpeach!

Posted by: Pension Fund of America at May 18, 2011 05:25 PM (mKhMS)

94 Just trying to figure out why the Rs won't fight like hell when an obviously horrible SC nominee is up for debate.

Another SC biggie comes to mind, and I'm not talking about the Supreme Court. Kicking Little Miss Lindsey out of office needs to become a top priority of the Tea Party. I am willing to make a least a minor contribution to that effort.

Posted by: Clueless at May 18, 2011 05:26 PM (piMMO)

95 as long as she didn't lie to a federal government employee I have no problem with it.

Posted by: Martha Stewart at May 18, 2011 05:26 PM (mr695)

96
Name and shame. Republicans voting to confirm Kagan:

Judd Gregg of New Hampshire,
Dick Lugar of Indiana
Lindsey Graham of South Carolina
Susan Collins and Olympia Snowe of Maine


IMHO - Lugar is a lock to be nominated to the Court if Mitch Daniels is elected President.

Posted by: Laurie David's Cervix at May 18, 2011 05:27 PM (M8E6y)

97 In other news, I just picked up 1K rounds of .223 for $0.47 a round.

Score.

Posted by: tangonine at May 18, 2011 05:27 PM (x3YFz)

98 Big deal. Everyone knows dems view the judicial appointments as lifetime legislative positions. To them, the only difference between Kagan and Schumer is that he doesn't need to go through the kabuki dance of pretending to follow the Constitution.

Sure, she'd prefer to maintain the mirage of impartiality, but she wouldn't recuse herself from this case if she wrote ObamaCare herself - and no one can make her. Obama put her in there to do one job: rubber stamp every damn thing democrats pass for the rest of her life.

Posted by: Rich C at May 18, 2011 05:31 PM (9+wUC)

99 Coordinated = Hide the Decline?

Posted by: East Bay Jay at May 18, 2011 05:31 PM (ocHBO)

100 Name and shame. Republicans voting to confirm Kagan:Judd Gregg of New Hampshire,Dick Lugar of IndianaLindsey Graham of South CarolinaSusan Collins and Olympia Snowe of Maine

Its really not the votes to confirm when you are in the minority in the Senate that is the problem. There are two very important votes that are killing use on these nominations.

First is the vote in the Judicial Committee to agree to end debate and hold a vote to sent the member to the floor. At least one minority member must vote yes for that. All of these nominees can be held there.

Second is the vote for cloture in the Senate, I don't remember if the Dems had 60 votes at the time Kagan was confirmed or not but a vote to end cloture is a vote to confirm under those conditions.

Also it should be remembered that McConnell has made another famous "deal" in the Senate. All judicial nominees get an up or down vote now and Republicans get to "offer" amendments.

We have to get some people with spine in leadership positions.

Posted by: Vic at May 18, 2011 05:38 PM (M9Ie6)

101 98
Big deal. Everyone knows dems view the judicial appointments as
lifetime legislative positions. To them, the only difference between
Kagan and Schumer is that he doesn't need to go through the kabuki bukkaki dance
of pretending to follow the Constitution.
Posted by: Rich C at May 18, 2011 05:31 PM (9+wUC)

FTFY

Posted by: tangonine at May 18, 2011 05:50 PM (x3YFz)

102 Hate to tell you this, but all it shows is that she probably attended one meeting. The first memo says that she would be brought in "as needed", which doesn't mean much.

Posted by: Jim at May 18, 2011 05:50 PM (YwDKF)

103 Perhaps her conscience will bother her, and she will become very ill, and have to resign.

Posted by: Wm T Sherman at May 18, 2011 05:57 PM (w41GQ)

104 @5: "Kevin James as Supreme Court Justices"
Hey, I am a successful comedian, had a hit tv show, and have done movies with Will Smiff, Adam Sandler, and Vince Vaughn. I'm totally qualified for the Supreme Court.

Posted by: Kevin James at May 18, 2011 05:58 PM (xy9wk)

105 Still comes down to Kennedy either way.

Posted by: Waingro at May 18, 2011 06:05 PM (uAytX)

106 Hey, I am a successful comedian, had a hit tv show, and have done movies with Will Smiff, Adam Sandler, and Vince Vaughn. I'm totally qualified for the Supreme Court.
Posted by: Kevin James at May 18, 2011 05:58 PM (xy9wk)

Agree 100%! Why, you were evena fakelawyerinone episode ofyour TV show...

Posted by: JPS at May 18, 2011 06:44 PM (qJfZ9)

107 Did Bambi get that fat lip playing B-Ball last yearbecause he was so COORDINATED?
gutsy

Posted by: Speller at May 18, 2011 06:46 PM (J74Py)

108 Was she asked about any role she may have had in any part of obamacare? If so and she lied, can she be removed from the court?

Posted by: lonestar at May 18, 2011 07:20 PM (gF11f)

109 Let it continue to brew until Obama loses the election. There's nothing quite like having to run for office when there are lose ends like your SC appointee 'coordinating' messages. Then impeach her so one of the first act's of the new pres can be to fill that SC position.

Posted by: drfredc at May 18, 2011 07:25 PM (puRnk)

110 Remember, if you lie in testimony before Kagan, you will go to federal prison. Obama's departments send many to prison for exactly that.

But if Kagan lies in testimony, it's no big deal.

Just something to 'clarify'.

This country already knew the democrats were like this when they elected Obama in 2008. Kagan is a great example of how we get the government we deserve. It is critical we limit the damage by beating them in 2012, but it's a hell of a lot of damage. Just one more liberal on the Court, and you can kiss a lot of civil rights goodbye.

Posted by: Dustin at May 18, 2011 08:34 PM (Q3nWV)

Posted by: ameer at May 18, 2011 08:38 PM (oaJzu)

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Posted by: OxyCon at May 18, 2011 08:49 PM (Kmnf5)

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Posted by: chaeli at May 19, 2011 07:56 AM (lY5lo)

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