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Natural Reluctance

Cold Highway

Dispenser of Negativity
DP Veteran
Joined
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Location
Newburgh, New York and World 8: Dark Land
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Libertarian
"I don't have a view of what are natural rights independent of the Constitution," Kagan said. In two days of testimony replete with the evasive maneuvers that she once complained had rendered Supreme Court confirmation hearings a "vapid and hollow charade," her silence on natural rights was one of the most disturbing things she didn't say.

In addition to eschewing statements that might "provide some kind of hints" about how she would vote on a case that could conceivably come before the Court, Kagan declined to offer opinions on subjects, such as natural rights, that she deemed irrelevant to the Court's work. In short, she was happy to answer any question, as long as it was neither related nor unrelated to the positions she would take as a justice.


Now I understand this really doest change the makeup of the court all that much. Replacing one liberal with another but this bitch doesnt seem to know a damm thing about rights or law. Hell at least Sotomayor had a ton of judicial experience.

Natural Reluctance - Reason Magazine
 
Natural rights are a fallacy. Her statement indicates that she believes in upholding the Constitution.
 
She is just doing what prospective SC justices has been doing since Souter. They give nonspecific answers to questions and try to be as much of a blank slate as possible. Politically, it seems to be a formula that works since it gives their opponents as little as possible to work with in order to drum up opposition.

Ultimately though, I would like to see more out of judges from both sides of the aisle on how they feel about subjects, but in today's political environment, I can understand why they do what they do as people will find the most minor of things and use that to fuel as much controversy as possible. Ultimately, I blame the 24hour news culture as the root cause of this behavior.
 
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