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July 02, 2010

Hatch To Vote No On Kagan (But She's Still Going To Be Confirmed)

Yesterday he was "anguishing" over the vote and he won't sully himself with a filibuster but he'll vote against her in committee and on the floor.

"The law must control the judge; the judge must not control the law," Hatch said. "I have concluded that, based on evidence rather than blind faith, General Kagan regrettably does not meet this standard and that, therefore, I cannot support her appointment."

...

"The fact that her experience is instead academic and political only magnifies my emphasis on judicial philosophy as the most important qualification for judicial service," Hatch said.

He also said he was troubled by Kagan's admiration for judges with an "activist judicial philosophy," likely a reference to the late Justice Thurgood Marshall, for whom Kagan clerked.

“Over nearly 25 years, General Kagan has endorsed, and praised those who endorse, an activist judicial philosophy,” he said. “I was surprised when she encouraged us at the hearing simply to discard or ignore certain parts of her record. I am unable to do that.”


A breathless nation waits for word from the RINO King...Lindsey Graham. Once again he was great in walking the nominee down the path into places where she could not explain herself or forced her to lie (the partial birth abortion memo, Harvard and military recruiting and activist philosophy) but he did similar things with Sotomayor and voted for her. I'd bet he's a yes.

Also of interest with be our old buddy Arlen Specter. He voted against Kagan when she was nominated to be Solicitor General partially on the grounds she wasn't forthcoming enough for him in her answers. She really didn't give much in these hearings. Will old Arlen vote no out of spite for Obama not coming to help him on the last day of his primary campaign or is he holding out hope for an ambassador gig? Whatever he does, it will purely out to further his own self-interest.

As for Hatch, it would be easy to say that Hatch is only doing this to avoid getting the Bennett treatment but he voted against Sotomayor as well.

Interesting note on Congressman Jason Chaffetz, the person many expect to primary Hatch in 2012, he voted to get out of Afghanistan last night.

I will vote in favor of two amendments to end the war and bring our troops home. Variety of reasons...go big or go home is one.

It will be interesting to see if that cools some conservative love for the guy (a lot of which is well deserved from what little I've seen of him).


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posted by DrewM. at 01:27 PM

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