Thursday, July 01, 2010

Rebutting Phyllis Schlafly on Elena Kagan

A friend posted this article from Phyllis Schlafly about Elena Kagan on my Facebook page. It's such an atrocious article that I didn't want my rebuttal to remain a Facebook comment, so here it is in blog form.

I do, as do all living retired Republican soliticors general.. Phyllis Schlafly is one of the nuttiest, most uncredible writers in the country. I'd like to see the transcript of that 2001 interview she quotes, to make sure she didn't distort it or take it out of context.

It's silly to attack Kagan for having the chief justice of Israel's Supreme ... See MoreCourt speak. Schlafly quotes that judge at length, but doesn't tell us what exactly Kagan said about him other than that she invited him. Don't quote the judge; quote Kagan! What's wrong with hearing diverse views, including ones we ourselves may not hold? And let's remember that Israel's is one of the closest judicial system in the world to our own, so it's judicial leaders are worth bringing to our own law schools, regardless of their views left or right. That's a silly point for Schlafly to spend the first half of her article on.

Also, Constitution Day isn't a big deal at academic institutions. Maybe it should be, but it isn't, so that's not much of an attack on Kagan either. And why does Schlafly call that transnationalist Kagan's "hero"? Just because he was one of dozens and dozens of speakers Kagan invited, he's automatically her hero? C'mon, what a cheap shot, what a partisan attack aimed not at the truth but at advancing an agenda.

It's also silly to call a lawyer an "extremist" because she opposed the Partial Birth Abortion Ban. I do support that ban and would have voted for it if in Congress, but there are Constitutional questions surrounding it. Remember, a conservative Court struck it down once before it was rewritten and upheld.

And finally, I can cite three polls that have different results than Rasmussen. Rasmussen, as is often the case, is an outlier here.

This article makes some of the thinnest arguments I have ever seen. Even if I opposed Kagan, I'd be embarrassed to have this article on my side.


WKen said...

Schlafly ceased to make sense a long time ago.

Nathan Empsall said...

Ceased? You're implying she ever made sense in the first place?