“…because the government won’t really enforce it!”
Thus spaketh…Supreme Court Nominee Elena Kagan?
Actually, what she says is, essentially, it’s alright to create laws banning books, because the government has never YET enforced such a law.
Okay, this is the Dean of Harvard Law School, and another one of the “brightest people” in the country with whom Obama seems to deal with, exclusively. I am not a lawyer; I am not Ivy-Educated, and I think this is one of the most breathtakingly stupid arguments I have ever heard.
Kagan appears to be the sort of lawyer who would advise Lucy to keep promising she’ll hold the football in place, because Charlie Brown has always believed her, before. Or, she’d advise Schroeder to go ahead and kiss Lucy, because she really won’t hold him to anything.
Either way, that is not a good sort of lawyer. An attorney who would advise her client to be stupid and trust something not to happen, because it has never happened before is not an advocate, or an advisor; she is either incompetent or working for the other side.
And I not only predicted Kagan’s nomination but sort of liked her, ‘way back in the beginning of all this. Shame on me.
I think a GOP senator on the Judiciary Committee should show this exchange to the President, respectfully ask him if Kagan is really the absolute “best” choice he could offer the country, and then–when the president answers in the affirmative–ask Obama why, then, he feels so offended by immigration laws, since the fed will never enforce them? Would Elena Kagan tell you and me that we should not mind the Obamacare Mandates, because such things have never been enforced, before?
There are a lot of questions one can ask President Obama, now, about the importance of legislation, the rule of law and law enforcement, thanks to this Naked Emperor compilation.
Btw, Justice Ginsberg appears in that video. She has just lost her husband of 56 years, Martin Ginsberg. I condole. As a bashful woman with a gregarious hubby, I have a sense of what she has lost: a secure, warm hand leading one out into the scary, cold world or, if need be, pulling one back from it. My prayers are with her.
Also, Glenn Reynolds writes about today’s McDonald decision. Can’t wait to read what the lawyerbloggers think of this.