Release The Kagan!

Civil liberties had their origin and must find their ultimate guaranty in the faith of the people. If that faith should be lost, five or nine men in Washington could not long supply its want.

Supreme Court Justice Robert H. Jackson


Elena Kagan is the pick for associate justice of the Supreme court.  A good pick, I think.  Great? I dunno, I need to see more. 

She is a former law clerk for supreme court justice Thurgood Marshall.  She has served as White House council.  She is the nations current Solicitor general. 

If confirmed, she will be the first supreme court justice without any experience as a judge since… Justice William Rehnquist.    

I’m looking forward to catching the confirmation hearings, but despite my earlier saying she would be a great pick, I hope the Senate judiciary committee does not back this nominee just because of her being nominated by this President, or her political leanings, or the political leanings of the committee, all of which are possible, but, if they choose to send her nomination ahead, to do so for what she has done, and more importantly what she will do, based upon prior doings as both White House council, Head of Harvard Law and Solicitor General.

Her views on Roe V. Wade are of no consequence.  Her views on Citizens United and Hamdan V Rumsfeld and civil liberties in general and the power of the President in particular are of more import, methinks.


Monday’s top 5 Links:

Kagan has good chance of confirmation in Senate

Kagan might pass as a Bush supreme court choice: Ann Woolner

Leahy: ‘Possibly different standards’ for Kagan this time

New York legislature approves 1-day furloughs

Fed audit measure seen wining in Senate: Durbin


Viddy of the day:  Eliot Spitzer and Marcy Wheeler from talking about the Kagan Scotus nomination on Dylan Rhatigan’s show.


On a personal note, I ran today.  Nothing special about that.  What was special is that I ran angry today.  I used my feet to pound out the anger and frustration of a crap commute and a day that dragged on for what felt like forever.  I hammered the ground hard in an effort to simply drop my emotional baggage outside the house.

When I started out, I could feel my shoulder muscles tensed up, and I damn well know that I started up with a snarl on my face.  Even without the work day, the commute put that there, and it took awhile for that to disappear.  I hit the one mile marker looking as angry as I was when I got off of the bus after my 2 hour commute home. 

It didn’t melt away easy, but a hard run beats the stress out of me.  I was replaying the commute in my head.  Watching again as after I ran like hell to get the boat, finding out that there was no boat.  Of waiting for the next boat, with thousands of unhappy frustrated commuters like myself, and being packed like sardines in the terminal, and the boat, and the bus.  I was replaying scenarios in my head from the work day, replaying the crap from early when things went less than smoothly, and from the slow steady walk that is exhibition duty, to the talk about how things will go if I ask the boss to hire me as the run progressed, but before I got to mile two, something happened. 

I was running so hard it pushed those thoughts out of my head completely.  I had to, because of the run, of the extreme effort of simply putting one foot in front of the other as fast as possible, push the unnecessary crap out of the way and concentrate on what I was doing.  I didn’t really  look around at the path and how beautiful it was this time around.  I usually do when I do this type of run, but today I couldn’t. It was getting too dark and I had to make sure I kept my eyes on the road.

And it struck me about how this is one of the reasons why I love running.  It clears all the stupid crap out of my head, and forces me to concentrate on the important stuff in front of me.  And when I am finished running, I feel fine and I can again concentrate on what is most important, like my wife. 

Makes it all worthwhile, ya know?


Pic and quote of the day:   In the United States at the present day, the reverence which the Greeks gave to the oracles and the Middle Ages to the Pope is given to the Supreme Court. Those who have studied the working of the American Constitution know that the Supreme Court is part of the forces engaged in the protection of the plutocracy. But of the men who know this, some are on the side of the plutocracy, and therefore do nothing to weaken the traditional reverence for the Supreme court, while others are discredited in the eyes of the ordinary quiet citizens by being said to be subversive and Bolshevik.

Bertrand Russell

G’night America!

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