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NRO: Republicans must oppose Obama's nominee ... even if she is "well-respected by just about everybody"

April 09, 2010 3:52 pm ET by Jeremy Schulman

The conservative media is going to smear President Obama's Supreme Court nominee -- no matter who that nominee turns out to be.

They did it with Sonia Sotomayor, and they'll do it again.

How can we be so sure?

Just ask the National Review.

This morning, National Review Online news editor Daniel Foster wrote a post on The Corner (NRO's main blog) running down the list of likely nominees. Foster wrote that Solicitor General Elena Kagan -- one of several reported front-runners for the nomination -- "is well-respected by just about everybody on both sides":

Elena Kagan - The first-female Solicitor General and probably first-runner-up for the Sotomayor seat, Kagan has a record of the kind of cagey jurisprudence that is ideal for a tough confirmation battle. She is well-respected by just about everybody on both sides, but lacks the paper trail that would reveal just how far to the left she'd sit.

Barely an hour later, NRO published an editorial with this sub-headline: "The question for conservatives will be not whether but how to oppose Obama's nominee." According to the editorial:

We know that President Obama will nominate a replacement who is also committed to imposing liberal policy outcomes over the objections of legislatures and without constitutional warrant. We know because Obama told us so, pledging during the campaign to nominate only justices who would support constitutionalized abortion. A justice willing to ignore the text, history, structure, and logic of the Constitution on abortion to get a nomination cannot be trusted on other issues.

No doubt some Republicans will say that it is unimportant to fight the nominee because Obama will merely be replacing one liberal with another rather than changing the balance of the Court. But the choice before any Republican senator is whether to acquiesce to several more decades of liberal activism on the bench. Unless Obama provides evidence of having dropped his litmus tests, the question for conservatives will be not whether but how to oppose Obama's nominee.

So just to recap ... according to NRO's news editor, at least one of the reported front-runners for the Supreme Court nomination "is well-respected by just about everybody on both sides." Nonelessless, NRO still wants to make sure that Republicans understand that the "question for conservatives will be not whether but how to oppose Obama's nominee."

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    • Author by shaggles (April 09, 2010 3:59 pm ET)
      3 1
      Roberts didn't have much of a paper trail either as I recall. Back then the right saw that as an advantage.
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      • Author by Conchobhar (April 09, 2010 4:02 pm ET)
        1  
        Of course. And a litmus test is ok for them, too, but not for us.
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    • Author by raynfala (April 09, 2010 4:05 pm ET)
         
      Ahhhh... the old "liberal activism" canard. At least they're staying in familiar territory.

      <sarcasm>
      Nice to see that conservatives are above politicizing the nomination process.
      </sarcasm>

      Report Abuse
    • Author by magnolialover (April 09, 2010 4:11 pm ET)
      3  
      And here we see another example from the party of "NO".

      Doesn't matter if the person is well respected, intelligent, and in every way, shape, or form qualified for the job. The republicans are going to campaign hard against whoever it is. And if they filibuster, don't know if OBama will get anyone through.
      Report Abuse
      • Author by txthinker (April 09, 2010 4:17 pm ET)
        1  
        And if they filibuster, don't know if OBama will get anyone through.
        Here's a question:

        If the Republicans DO filibuster the nominee, could Harry Reid call a recess so President Obama could make a recess appointment to the Supreme Court? Is there any president for this? Is it allowed under the Constitution?

        I don't know the answer - I'm putting this out there in case someone else knows.
        Report Abuse
      • Author by phredicles (April 09, 2010 4:26 pm ET)
        2  
        Well, the Rethugs talked about doing away with the filibuster for Alito; maybe it'll be time to revisit that idea.
        Report Abuse
        • Author by magnolialover (April 09, 2010 8:27 pm ET)
             
          Except, the democrats didn't even filibuster Alito, they relented, and gave Bush his pick, and let the votes decide it. He's on the court now, as we all know.
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      • Author by Invent a Scandal (April 09, 2010 4:27 pm ET)
        3 2
        The party of "No" brains.
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        • Author by txthinker (April 09, 2010 5:03 pm ET)
          4 2
          No brains
          No morals
          No ethics
          No empathy
          No caring
          No answers
          No solutions
          No da*n good
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    • Author by neon desert (April 09, 2010 5:32 pm ET)
      1  
      A justice willing to ignore the text, history, structure, and logic of the Constitution on abortion to get a nomination cannot be trusted on other issues.

      I have to agree with that. But considering that following the text, history, structure, and logic of the Constitution has given us the status quo, a justice willing to do that is likely to come almost exclusively from the conservative side of the aisle.
      Report Abuse
      • Author by magnolialover (April 09, 2010 8:29 pm ET)
           
        Did someone get banned again? Just wondering, because I don't see the post you're responding to. I'm sure it was one of our local trolls / anti choice folks.
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        • Author by neon desert (April 09, 2010 9:43 pm ET)
          1  
          No, I was responding to a sentence in the first paragraph of the second NRO editorial.

          Your first clue should have been the impeccable spelling... :-)
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    • Author by edrossinoelwein9669 (April 10, 2010 12:34 am ET)
        3
      Conservatives believe in the rule of law, not the rule of judges. The most egregious example of judicial malfeasance since the Dred Scott decision was Roe vs. Wade. That Obama has vowed to appoint only people who will support Roe, pro-lifers (most conservatives) have no choice but to prepare to oppose his nominee - whomever it might be.
      If our constitutional rights are only valid when the state says they are valid, we have no rights, only entitlements. And entitlements are arbitrary boons by the government, not inalienable rights from our Creator. Thus Roe is extremely destructive to real freedom.
      Of course, progressives don't really believe in freedom, except for themselves. Their conceit is that the masses are too stupid to be allowed to rule themselves, they must be controlled - by the progressive philosopher-kings. Unfortunately, every modern attempt at such control has been co-opted by butchers like Lenin, Stalin and Mao. That's America's future unless we stop the madness that is progressivism.
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      • Author by neon desert (April 10, 2010 1:48 am ET)
        5  
        Really? Even after the determination that corporations have the same right to free speech as people, except that they can make unlimited expenditures exercising it? The most egregious thing is for women to determine what to do with their own bodies? And the only way we can achieve "real freedom" is for the government to restrict our self-determination on how we treat our bodies - that we're too stupid to make those decisions ourselves... but it's the PROGRESSIVES who are conceited by making decisions for the masses?

        I gotta tell ya, that kind of logic is way beyond me. I give up. If that's the way the real world works, it's all yours. Have fun...
        Report Abuse
        • Author by edrossinoelwein9669 (April 12, 2010 11:36 am ET)
            2
          Dear ND; The court has long held that corporations are merely congregate individuals. Thus the determination that prohibiting the political speech of corporations is just as wrong as prohibiting your speech. But that is not germane to this discussion.
          One of your assumptions is that the as-yet-unborn child has no rights - at least not enough rights to outweigh the convenience of the mother. But, if science is correct in asserting that life begins at conception (and it is), there are two sets of rights at play in an abortion scenario.
          Abortion is wrong, just as theft and murder are wrong. Abortion denies to another human being (the as-yet-unborn child) certain inalienable rights - specifically life. Certainly, the protection of the rights of the unborn may conflict with the rights of the mother. But some rights are more important than others. For instance, without the right to life, the right of privacy is meaningless.
          So, a society that will not protect the life of its most vulnerable will not be able to guarantee those basic rights to any of its citizens. If the state 'grants' rights, they are not 'rights' in the Constitutional sense at all, but merely entitlements - for what the state grants, it can deny. If the state is not obligated to protect the life of the unborn, it is not obligated to protect your life, either. If we allow abortion to stand, we have resigned our rights as a free people. Which, incidentally, is the ultimate goal of the progressive political philosophy.
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          • Author by open_mind (April 12, 2010 12:04 pm ET)
            2  
            But, if science is correct in asserting that life begins at conception (and it is), there are two sets of rights at play in an abortion scenario.
            Science has made no such assertion. Invalid premise.
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            • Author by edrossinoelwein9669 (April 12, 2010 1:35 pm ET)
                1
              Sexual reproduction produces a new individual through the union of special sex cells (gametes), usually from different parents. Gametes result from meiosis. Gamete union results in a zygote, the first cell of a new organism.
              Encyclopedia Britannica, 2008. Encyclopedia Britannica Online.
              Where there is a "new organism" is a new life - in all sexual reproduction. Conception = new life = valid premise.
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              • Author by Another_Cat (April 12, 2010 2:14 pm ET)
                3  
                Still wrong, a single cell of a "new organism" does not make an entire organism. You shed more skin cells in a day than are present in the sixth day of a fetus's development, each of those cells is not considered to be a life in it's own right, even though they could POTENTIALLY be harvested and take on thier own life in a lab (i.e. cloning).

                Besides all that, you state that abortion is for the "convenience of the mother", and while I admit you do not specify it as a sole intent, your omission of the other viable reasons for abortion indicate such in my opinion. If your argument includes that assumption, then it can also be considered part of a false premise.
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      • Author by swift (April 12, 2010 6:06 am ET)
        2  
        Pray, why was Roe v. Wade "judicial malfeasance"? Because your religion defines the beginning of life the "ensoulment" at the "instant of conception"? To my religion, that's nuts. So, how do we decide on that? That's the nub of Roe v. Wade. If you can find the slightest thing in the constitution about abortion, you're looking in the wrong places.

        The rest of your rant is just Glenn Beckism. He's a crazy man, making $32 million last year whipping up people. The Father Coughlin of our times.
        Report Abuse
        • Author by edrossinoelwein9669 (April 12, 2010 11:18 am ET)
            3
          Dear Swift;
          Our Constitution assumes the presence of certain inalienable rights, (life, liberty, property)derived not from political power but from God. That life is inherent in an embyronic state is not a religious assumption. It is a scientific one. That is why it is a felony to destroy an eagle's egg; we protect the life.
          Your argument seems to be that because my religion agrees with science it must be wrong!
          But you are right about one thing: the USSC had to read into the Constitution to find any 'abortion' rights in it - because they are not there.
          Report Abuse
          • Author by open_mind (April 12, 2010 12:11 pm ET)
               
            That is why it is a felony to destroy an eagle's egg; we protect the life.
            The analogy would be decent if humans were both endangered and oviparous. Can you throw an eagle in the slammer if it maliciously kicks an egg out of the nest? Is that murder?
            Report Abuse
            • Author by edrossinoelwein9669 (April 12, 2010 1:37 pm ET)
                2
              like some humans, eagles don't think.
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              • Author by Another_Cat (April 12, 2010 2:25 pm ET)
                2  
                First of all...what?? Eagles have brains and they do think, maybe not about philosophy, theology, art, etc., but they do think.

                Second, your statement applies to who? If you think about it, power derived from God means nothing unless you specify the God. Yes, I know, the founders were supposedly Christian, but the fact is when you simply say "God", you are referring to any theology that has either a single deity or any that have many but only one "true", or "ruling" deity.

                Third, it is not a felony to destroy an eagle's egg because we "protect the life", if that was the case, we would have biologists scoop them all up and ensure that they hatch by whatever means. Eagles are endangered, so it is a felony to do anything that interferes with their ability to survive as a species, from destorying the eggs, the adults, the roosting habitat, etc.
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          • Author by dontbestupid (April 12, 2010 12:11 pm ET)
               
            Which God?
            Report Abuse
    • Author by jaycourtright72559 (April 11, 2010 9:03 am ET)
         
      If Robert Bork were Obama's nominee, they would smear him, too. Obama could implement the entire Reagan agenda, and the right would still call him a Marxist, Maoist, socialist, nazi, fascist, homo-loving, tree hugger, terrorist.
      Report Abuse
    • Author by allan.masri1047 (April 12, 2010 9:33 am ET)
      1  
      Of course, Roe v. Wade was decided on a constitutional basis, not a religious one. And if you can find the word "God" anywhere in the Constitution, you have better eyesight than I do. All the conservative emphasis on "what the founders would do" permits them to inject religion into an argument, but the Constitution itself is the culmination of Enlightenment ideas in opposition to established religion. Deal with it.
      Report Abuse
      • Author by edrossinoelwein9669 (April 12, 2010 11:54 am ET)
          2
        Yours is indeed an erroneous read of history. The American Constitution is not at all "the culmination of Enlightenment ideas in opposition to established religion." Colonial America was probably the most religious and Christianized society in the world at the time of the writing of the Constitution. The culmination of the Enlightenment is seen far clearer in the "Reign of Terror" during the French revolution than in the very conservative and deliberate preservation of rights illustrated in the American Revolution.
        Hannah Arendt (On Revolution)postulates (correctly, I think) that the only truly radical idea in the American experiment was the freedom of religion. And, though modern revisionists hate it, by religion the founders meant the Christian religion. Far from being in opposition to 'established religion,' the Constitution was designed as a secular document that gave free rein to religion in society.
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        • Author by dontbestupid (April 12, 2010 12:23 pm ET)
             
          Say what? http://www.earlyamericanhistory.net/founding_fathers.htm
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        • Author by southparkliberal (April 12, 2010 2:27 pm ET)
          2  
          Free reign to religion in society, yes. Free reign to religion in government, no.
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