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Wed

14

Apr

2010

Supreme Court Pick: Kagan "Loves" the Federalist Society
Wednesday, 14 April 2010 05:39
by Francis A. Boyle Ph.D.
Solicitor General Elena Kagan is widely reported to be a leading contender for the Supreme Court position being vacated by John Paul Stevens.
Professor of law at the University of Illinois, Boyle is author of "Tackling America's Toughest Questions." and he asks:

"...As dean of the Harvard Law School, Kagan hired Bush's outgoing director of the Office of Legal Counsel, Jack Goldsmith, as a law professor. Goldsmith is regarded by myself and many others in the field as a war criminal. He wrote some of the memos that attempted to make violations of the Geneva Conventions appear legal. Kagan actually bragged about 'how proud' she was to have hired Goldsmith after one of his criminal Department of Justice memoranda was written up in the Washington Post."

"During the course of her Senate confirmation hearings as Solicitor General, Kagan explicitly endorsed the Bush administration's bogus category of 'enemy combatant,' whose implementation has been a war crime in its own right. Now in her current job as U.S. Solicitor General, Kagan is quarterbacking the continuation of the Bush administration's illegal and unconstitutional positions in U.S. federal court litigation around the country, including in the U.S. Supreme Court. For example, early this month, the Obama administration lost an illegal wiretapping case. One of the lawyers in the case who won, Jon Eisenberg, said the Obama administration is as bad or worse than the Bush administration when it comes to issues like state secrets and wiretapping.

"Kagan is apparently being backed by several people who are indebted to her from her time at Harvard. [Professors Laurence] Tribe, [Charles] Ogletree and [Alan] Dershowitz all had plagiarism scandals while Kagan headed up the law school -- and she in effect bailed them all out. Tribe and Ogletree were teachers/mentors to Obama and still advise him today, Tribe recently taking a job in the Department of Justice along with Kagan. She was named dean at Harvard by Larry Summers, who helped deregulate much of Wall Street in the Clinton administration and organize much of its bailout under Obama.

"Kagan has said 'I love the Federalist Society.' This is a right-wing group; almost all of the Bush administration lawyers responsible for its war and torture memos are members of the Federalist Society. Many members of the Federalist Society say that Brown v. Board of Education [which struck down 'separate but equal'] was decided wrongly.

"Five currently on the U.S. Supreme Court were or are members of the Federalist Society: Harvard Law graduate Roberts; Harvard Law graduate Scalia; Harvard Law graduate Kennedy; Yale Law graduate Thomas; and Yale Law graduate Alito. A narrow elite is imposing itself through the legal system, and ordinary Americans need to start asserting themselves."

Boyle is a former chair of the Harvard Law School Fund Campaign for Greater Illinois and a magna cum laude graduate of Harvard Law School. Background: Glenn Greenwald on Tuesday wrote in "The Case Against Elena Kagan": "The prospect that Stevens will be replaced by Elena Kagan has led to the growing perception that Barack Obama will actually take a Supreme Court dominated by Justices Scalia (Reagan), Thomas (Bush 41), Roberts (Bush 43), Alito (Bush 43) and Kennedy (Reagan) and move it further to the Right. Joe Lieberman went on Fox News this weekend to celebrate the prospect that 'President Obama may nominate someone in fact who makes the Court slightly less liberal.'"


The New York Times reported on Friday:

"In an interview last week, [Stevens] said that every one of the dozen justices appointed to the court since 1971, including himself, was more conservative than his or her predecessor. 'We'll wait and see to see if the most recent change fits that,' he said of Justice Sonia Sotomayor, who joined the court last year. 'But prior to Sonia's joining the court that was true with the possible exception of Ruth Ginsburg.'" The Murdoch-owned Wall Street Journal reported Monday: "As dean of Harvard, Ms. Kagan cultivated good relations with conservatives, hiring several professors with right-leaning views and reaching out to the Federalist Society, a training ground for lawyers who often go on to populate Republican administrations."

Jeff Cohen wrote last year: "Will Obama Move Supreme Court Rightward?"
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