Category Archives: Law

Update IV: ‘Elena Kagan As Scholar’ (‘Racist!’)

Affirmative Action, Bush, Law, Left-Liberalism And Progressivisim, Military, Race, The Courts

Eugene Volokh thoroughly and soberly assesses the scholarly record of BHO’s SCOTUS nominee, Elena Kagan, and concludes:

“Kagan, it seems to me, is a successful scholar whose interests have extended beyond scholarship, to government service and to educational institution-building. As a result, she hasn’t written as much as she would have had she only been interested in scholarship (though I suspect that her time in the Clinton Administration helped her produce her administrative law articles). But that reflects the breadth of her interests, and not any intellectual limitations.

… On then to my own evaluation of the First Amendment articles: I think they’re excellent. I disagree with them in significant ways (this article, for instance, reaches results that differ quite a bit from those suggested by Kagan’s Private Speech, Public Purpose article, see, e.g., PDF pp. 8–9). But I like them a lot.

The articles attack difficult and important problems (Private Speech, Public Purpose, for instance, tries to come up with a broad theory to explain much of free speech law). They seriously but calmly criticize the arguments on both sides, and give both sides credit where credit is due. For instance, I particularly liked Kagan’s treatment of both the Scalia R.A.V. v. City of St. Paul majority and the Stevens concurrence, in her Changing Faces of First Amendment Neutrality article.

As importantly, the articles go behind glib generalizations and formalistic distinctions and deal with the actual reality on the ground, such as the actual likely effects of speech restrictions, and of First Amendment doctrine. …

Kagan’s First Amendment work suggests a general acceptance of current free speech law, and an attempt to better understand it and make it more internally consistent rather than to radically change it. I can’t tell for sure whether this flows from a judgment about what’s more useful scholarship, from a largely precedent-respecting temperament, or from agreement with the underlying free speech caselaw. But my guess is that it at least in part reflects a general comfort with the current precedents, and a lack of desire to shift them much.

…On so-called ‘hate speech’ and pornography, the two First Amendment topics on which Kagan has most explicitly written, I likewise see little interest in moving the law much”

[SNIP]

Read the complete post.

“The enemy of my enemy may not be my friend,” writes Stephen Bainbridge, “but she’s probably acceptable”: “I don’t know very much about Elena Kagan other than that a couple of Harvard folks for whom I have a lot of respect think highly of her. When I look at some of the lefties who are opposing her and their reasons for doing so, however, I’m tempted to conclude that she’s the most acceptable–from my perspective–candidate Obama is likely to put forward for the SCOTUS. You can tell a lot about a person from who their enemies are.”

Yes, Old Olby doesn’t much like Kagan.

Update (May 11): The issue of Kagan’s scholarship, although narrow, is relevant as it goes to her intellect. I am pretty sure that if Volokh is impressed—if not necessarily in agreement—with some of her journal papers, that she is intellectually well-equipped. This is more than we can say about SotoSetAsides Mayor.

Kagan’s statism is, on the other hand, guaranteed too. I believe this is a prerequisite for a SCOTUS nomination.

Update II: I’m sorry that Kagan, “as dean of Harvard Law School, … aggressively restricted the U.S. military’s ability to recruit some of the brightest law students in the country” only “because Dean Kagan opposed President Clinton’s ‘Don’t Ask, Don’t Tell’ policy.”

She should have kicked the military bloodsuckers off campus as a matter of principle.

The lawful reach of army recruiters notwithstanding, I’d want to keep those body snatchers away from gullible university kids. The excellent series—it’s non-political but patriotic—“Army Wives” depicts the ugliness of recruitment. Granted, in “Army Wives,” the job of picking up vulnerable poor kids, pumping them up, and shipping them off to serve as cannon fodder in our wars is depicted as a noble one.

Update III (May 12): She’s a racist; the good kind—which is that she is more likely to privilege merit than skin color. And how do we know that she probably sins by trending toward meritocratic hiring? From the fact that as Dean and solicitor for BHO, she has hired few “blacks and browns,” as her detractors refer to themselves.

So that our hopelessly Republicanized and Palinized readers know, the hue and cry over Kagan’s “racism” is coming from the Stupid Party:

“31 of Kagan’s 32 Hires at Harvard Were White,” write the screeches at “RedState.com.” These people have few principles, but worse; they’re bereft of brains.

Besides which, if you are going to be a stickler for quotas, Kagan is probably in the color-coded clear, since her hiring practices no doubt comport, at the very least, with the proportional representation in the general population of the groups she has affronted.

“Wingnuts Furious About …. Kagan Not Hiring Enough Black People/Women,” notes Wonkette. It doesn’t take much—one feeble-minded fem—to recognize Republican frailties.

I quite like that she’s failing the wise Latina test.

Update IV (May 13): What I observed tongue-in-cheek about Bush and the left actually applies to all the actors in the farce of our politics:

“Left-liberals … believe a judicial activist is someone who reverses precedent. George Bush thinks a judicial activist is someone who disobeys the President.”

Bush, BHO and their respective political gangs and judicial picks don’t go by the Constitution; they go by judicial precedent. That’s the thing that is revered. To reverse precedent is considered a heretical.

Steyn On Arizona

IMMIGRATION, Law, Left-Liberalism And Progressivisim, Multiculturalism, Nationhood

Mark Steyn shines on the topic of Arizona, and ventures comments on mass immigration. Perhaps we can expect a more courageous stand on the matter in the future?

“….Almost every claim made for the benefits of mass immigration is false. Europeans were told that they needed immigrants to help prop up their otherwise unaffordable social entitlements: In reality, Turks in Germany have three times the rate of welfare dependency as ethnic Germans, and their average retirement age is 50. Two-thirds of French imams are on the dole.”

Here’s more from STEYN’s “Bigotry label for thee, not me: Liberals bash Arizonans from the back seat of their limos”:

But wait: What about the broader economic benefits? The World Bank calculated that if rich countries increased their work forces by a mere 3 percent by admitting an extra 14 million people from developing countries, it would benefit the populations of those rich countries by $139 billion. Wow.

In his book ‘Reflections on the Revolution In Europe,’ Christopher Caldwell points out, ‘The aggregate gross domestic product of the advanced economies for the year 2008 is estimated by the International Monetary Fund at close to $40 trillion.’ So an extra $139 billion works out to a spectacular 0.0035 percent. Mr. Caldwell compares the World Bank argument to Austin Powers’ nemesis, Dr. Evil, holding the world hostage for 1 million dollars. ‘Sacrificing 0.0035 of your economy would be a pittance to pay for starting to get your country back.’ A dependence on mass immigration is not a gold mine nor an opportunity to flaunt your multicultural bona fides, but a structural weakness, and it should be addressed as such.”

[SNIP]

In case you haven’t, read my “Tell Establishment Media A Dog Died On The Border.”

Updated: South African Police Rounds Up ‘Right-Wing Militia’

Africa, Government, GUNS, Law, Liberty, Propaganda, Race, Racism, Republicans, South-Africa, Terrorism

What goes for the reconstituted South African Police Force, a corrupt, illiterate, and ill-trained force, riven by feuds, fetishes, and factional loyalties, is organized enough to go after “right-wing militia.”

Taking a page out of the unholy American hymnbook, an extremist—in the eyes of the law and the propagandized at large—is any patriot who doesn’t approve of pillage politics, loss of all individual liberties and, in the case of South Africa, a massive transfer of assets from owners to non-owners while, simultaneously killing off the former.

THE OUTRAGE HERE is that the arrest is linked to an email I too received, which did no more than speak of what is underway in South Africa and attach images of harpooned, raped, sodomized, skewered, white victims. Notice that the authenticity of the so-called subversive material has not been denied by the arresting authorities.

Here’s the report:

“APA – Cape Town (South Africa) South African police this week swooped on members of an extremist right-wing organisation, the Suidlanders, as part of an investigation into plans to sabotage the soccer World Cup, APA learns here Sunday.

Raids have taken place in Pretoria and Mpumalanga and come in the wake of heightened racial tensions after the murder of white supremacist leader, Eugene Terre’Blanche and the recent outbursts by African National Congress Youth League president Julius Malema. [No arrests of his ilk, so far.]

Earlier this week, the police also swooped on the Worcester home of Frederick Rabie, a former lieutenant colonel in the old civilian force commandos, in the Cape Province. He was arrested and police discovered an arms cache, including explosives and thousands of rounds of ammunition at his house. The bust comes a week after the arrest of the head of security at the Worcester Magistrate’s Court (in the Western Cape Province), Henry Harding, following the discovery of a cache of explosives, firearms, ammunition and drugs in underground storerooms at the magistrate’s court.

Rabie was given bail and will appear in court on Monday.

The police investigation into the suspected sabotage plot is linked to an e-mail calling on foreigners to boycott the World Cup that is being circulated worldwide. It talks of a war against white South Africans and carries graphic details and bloody photographs of white victims of crime. Claiming to reveal information suppressed by the South African Police Force (SAPF) and the media, the e-mail urges foreigners to stay away from South Africa during the World Cup.

Claiming that the country is on the verge of a full-blown revolution that would lead to civil war, the website says : ‘The time has come for people to realise they cannot be on the sideline any longer and everybody’s participation is needed to defend the last bastion of a true Christian nation against total annihilation.’

Sources this week confirmed that alleged plans by right-wing elements to ‘destabilise’ South Africa in the run-up to the World Cup were being taken “seriously”. Police spokesman Colonel Vish Naidoo refused to comment on the investigations, but said that the security forces were prepared for any eventuality during the World Cup.”

[SNIP]

BACK HOME, AND according to William N. Grigg’s update on the Hutaree prosecution:

“the Hutaree defendants, U.S. District Court Judge Victoria Roberts provides extensive excerpts from the evidence. This includes redacted transcripts of conversations in which militia David and Joshua Stone, Michael Meeks, and Kristopher Sickles talk about killing judges and law enforcement personnel.

The ellipses littering the transcript are tangible evidence of cherry-picking by the prosecution.

Even orphaned from context, however, the recorded conversations don’t amount to evidence of a criminal conspiracy, but rather a tendency to engage in the worst kind of self-deluded, adolescent locker-room braggadoccio.” [sic]

UPDATE: I’m growing tired of the Comments Section always plumping for the Republicans, no matter how I and others have labored over the years to show that once in power, there is not an iota of difference between the parties. Really tired. Why should I advertise for the creeps? I’m also tired of adding links to my work to show that, for example, reports maligning patriotic Americans were begun under Bush.

Read up. Search under “Republicans” in BAB’s archive and under the Articles archive on the main site.

Updated: South African Police Rounds Up 'Right-Wing Militia'

Africa, Government, GUNS, Law, Liberty, Propaganda, Race, Racism, Republicans, South-Africa, Terrorism

What goes for the reconstituted South African Police Force, a corrupt, illiterate, and ill-trained force, riven by feuds, fetishes, and factional loyalties, is organized enough to go after “right-wing militia.”

Taking a page out of the unholy American hymnbook, an extremist—in the eyes of the law and the propagandized at large—is any patriot who doesn’t approve of pillage politics, loss of all individual liberties and, in the case of South Africa, a massive transfer of assets from owners to non-owners while, simultaneously killing off the former.

THE OUTRAGE HERE is that the arrest is linked to an email I too received, which did no more than speak of what is underway in South Africa and attach images of harpooned, raped, sodomized, skewered, white victims. Notice that the authenticity of the so-called subversive material has not been denied by the arresting authorities.

Here’s the report:

“APA – Cape Town (South Africa) South African police this week swooped on members of an extremist right-wing organisation, the Suidlanders, as part of an investigation into plans to sabotage the soccer World Cup, APA learns here Sunday.

Raids have taken place in Pretoria and Mpumalanga and come in the wake of heightened racial tensions after the murder of white supremacist leader, Eugene Terre’Blanche and the recent outbursts by African National Congress Youth League president Julius Malema. [No arrests of his ilk, so far.]

Earlier this week, the police also swooped on the Worcester home of Frederick Rabie, a former lieutenant colonel in the old civilian force commandos, in the Cape Province. He was arrested and police discovered an arms cache, including explosives and thousands of rounds of ammunition at his house. The bust comes a week after the arrest of the head of security at the Worcester Magistrate’s Court (in the Western Cape Province), Henry Harding, following the discovery of a cache of explosives, firearms, ammunition and drugs in underground storerooms at the magistrate’s court.

Rabie was given bail and will appear in court on Monday.

The police investigation into the suspected sabotage plot is linked to an e-mail calling on foreigners to boycott the World Cup that is being circulated worldwide. It talks of a war against white South Africans and carries graphic details and bloody photographs of white victims of crime. Claiming to reveal information suppressed by the South African Police Force (SAPF) and the media, the e-mail urges foreigners to stay away from South Africa during the World Cup.

Claiming that the country is on the verge of a full-blown revolution that would lead to civil war, the website says : ‘The time has come for people to realise they cannot be on the sideline any longer and everybody’s participation is needed to defend the last bastion of a true Christian nation against total annihilation.’

Sources this week confirmed that alleged plans by right-wing elements to ‘destabilise’ South Africa in the run-up to the World Cup were being taken “seriously”. Police spokesman Colonel Vish Naidoo refused to comment on the investigations, but said that the security forces were prepared for any eventuality during the World Cup.”

[SNIP]

BACK HOME, AND according to William N. Grigg’s update on the Hutaree prosecution:

“the Hutaree defendants, U.S. District Court Judge Victoria Roberts provides extensive excerpts from the evidence. This includes redacted transcripts of conversations in which militia David and Joshua Stone, Michael Meeks, and Kristopher Sickles talk about killing judges and law enforcement personnel.

The ellipses littering the transcript are tangible evidence of cherry-picking by the prosecution.

Even orphaned from context, however, the recorded conversations don’t amount to evidence of a criminal conspiracy, but rather a tendency to engage in the worst kind of self-deluded, adolescent locker-room braggadoccio.” [sic]

UPDATE: I’m growing tired of the Comments Section always plumping for the Republicans, no matter how I and others have labored over the years to show that once in power, there is not an iota of difference between the parties. Really tired. Why should I advertise for the creeps? I’m also tired of adding links to my work to show that, for example, reports maligning patriotic Americans were begun under Bush.

Read up. Search under “Republicans” in BAB’s archive and under the Articles archive on the main site.