Category Archives: Military

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.

Updated: Palin’s Fiorina Frivoloty

Conservatism, Elections, John McCain, Military, Republicans, Sarah Palin

Perhaps Palin could not abide the fact that Chuck DeVore tempers his pro-military position with skepticism about intervention around the world. Perhaps, as a raving feminist, Palin feels obliged to support a woman over a man. And perhaps her endorsement of Carly Florina “in the GOP contest for the California Senate nomination” is just a bit of the same polite politics she played when campaigning for McMussolini:
Palin knows Fiorina, “a top surrogate to Sen. John McCain’s (R-Ariz.) presidential campaign.”

Politico says “Fiorina recently warned against the ‘racist’ tone that has taken over the debate of Arizona’s new immigration law.” That’s the kind of Republican she is.

Whatever Palin is playing at, it is clear she goes with some mysterious flow—menstrual maybe?

DeVore has been called a “Tea Party darling” and a “most reliably Reaganesque representative.”

Update (May 10): The allusion to hormonal fluctuations was humor; meant not to be taken literally, but as a metaphor for Palin’s unreliable nature when it comes to liberty.

Onward Imperialism In Okinawa

Crime, Criminal Injustice, Foreign Policy, Military

America has been waiting for this for months, says the Economist:

“Japan’s leader, does not exude political gravitas. So it was dispiritingly in-character that when he made an announcement on May 4th that could make or break his premiership, he did so on a national holiday, speaking unpersuasively to the very people most likely to disapprove of what he said.

The bombshell he dropped on his first visit as prime minister to the island of Okinawa was that he was backtracking on what has become the most sensitive promise of last year’s election campaign—to move an American marine base off the island and possibly out of Japan altogether.

His explanation, as far as it went, made sense, though it took a painfully long time to reach. After long deliberation, the prime minister said, he had concluded that the security of a region with a nuclear-armed, reckless North Korea depends, in part, on having some American marines in Okinawa. But instead of seizing the opportunity to explain to Okinawans how American troops help keep the peace, he referred to the soldiers dismissively as a “burden” that had to be shared by Okinawans.”

[SNIP]

American occupation has been quite the burden to bear, especially for one 12-year-old 6th-grade Japanese girl, beaten and raped in 1995 by American GIs. Thirteen years hence two more women that we know of paid a similar price.

Updated: Karzai Crazy, Or So The US Says

Foreign Policy, Israel, Left-Liberalism And Progressivisim, Military, Old Right, Terrorism, War

Afghan President Hamid Karzai must be crazy, or at least hopping high, to kick back at the empire that created him. These are what supposedly serious pundits are saying in response to Karzai’s allegation that Western governments and the United Nations committed electoral fraud in last year’s Afghani presidential election.

The Hill: “Over the weekend, Karzai reportedly told members of his parliament that he would consider leaving the political process to join the Taliban if he continued to come under outside pressure.”

The last threat was so obviously tongue in cheek, but Americans didn’t find it amusing. Peter Galbraith, “the US diplomat who worked for the UN in Kabul until last year,” went on Smear TV accusing the leader of our Afghan satellite state of being unstable and toking it up too.

It’s a “bad trip” indeed.

I haven’t searched out reactions on the far- Left and Right to this hint from Kabul that the US has overstayed its welcome. These political factions, however, generally treat shows of Israeli sovereignty with fury and demands for Obama to crush Israel.

My guess is that you should look for the exact opposite reaction from said elements when it comes to our “Muslim allies.”

Since consistency is the touchstone of truth, this scribe is pleased about both Afghani and Israeli resistance to US meddling:

“Those of us who want the U.S. to stay solvent—and out of the affairs of others—recognize that sovereign nation-states that resist, not enable, our imperial impulses, are the best hindrance to hegemonic overreach. Patriots for a sane American foreign policy ought to encourage all America’s friends, Israel included, to push back and do what is in their national interest, not ours.”

Update (April 8): Meanwhile back in the trenches on the side of the righteous, a US “Special Forces team gunned down an Afghan police chief, a prosecutor, and three unarmed women, infuriating locals and drawing a sharp rebuke from politicians in Kabul.”

AND (via the CSM):

In a video conference taking questions from troops earlier this year, McChrystal said with some frustration “we’ve shot an amazing number of people” who were not, in fact, threats. In February, McChrystal apologized to the Afghan people after a NATO airstrike killed 27 civilians.

A scene of “Sulcha” unflods in which an animal is sacrificed and American slobber, and the only words that are sensible and honorable come from a local man, Mr. Sharabuddin:

“… justice would only be served when the Americans gave up the informant who sent the Special Forces squad to raid a house full of civilians and government officials. ‘We want that spy who gave the false information to the Americans,’ Mr. Sharabuddin said. ‘I don’t want the spy for myself, I want him to face justice or be handed over to the commander of the [Afghan army] corps.”