Wednesday, May 12, 2010

Shameful Anticipation of an Imbecile Display: The Kagan Nomination

I suppose I shouldn't look forward to this so much, but the nomination of the unfortunate Ms. Kagan (unfortunate because she has been nominated, and has accepted the nomination) affords so much potential for silliness, stupidity, posturing and sanctimony that I can't wait for the hearings to begin.  Already her sexual orientation is at issue.  I'd say that is what she gets for not having a "paper trail" but I'm reminded that Judge Bork, who had a substantial one, was grilled regarding his religious faith, or lack of it (and so much else, of course).  He, of course, had to deal with Teddy Kennedy, who was not notable for his legal scholarship in or out of law school, but was fully capable of demonizing those who were.  One wonders if Kagan will find herself borked and, if so, who will do the borking in her case.

These spectacles are remarkable and, to me, such fun, because of the extent to which they have so little to do with what can reasonably be expected from anyone appointed to the Supreme Court.  I don't think we will hear much of anything regarding her legal experience and ability; with some reason, I feel, as she apparently hasn't had much experience except as a law school professor and administrator.  We will instead likely be exposed to an exploration of her sexuality, religious feelings, the character and extent of her empathies with various and sundry, her thoughts on abortion, race, immigration, etc.  She will give the expected uninteresting and bland responses, and say she cannot expound greatly on matters regarding which she may have to render decisions.  Politicians will posture for a time.  Commentators will bore us with their most predictable commentary.  And she will become a Justice of the Supreme Court.

Thus do we choose those who will decide great legal issues for decades to come.  The question is just how stupid the process will be in this case.  We probably can't expect anything quite like the Bork circus to reappear.  But we can hope that idiocy will be on parade.  More data for those future scientists of stupidity I hope someday to see cluttering our institutes of higher learning.

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