Elena Kagan, Young Activist

Elena Kagan's thesis from 1983, during her Oxford days, brings us an activist judge in waiting.

WASHINGTON — As a young graduate student, Elena Kagan wrote that it was “not necessarily wrong or invalid” for judges to “try to mold and steer the law” to achieve social ends, but warned that such rulings must be rooted in legal principles to be accepted by society and endure.

The Times gives us some phony assurance that she really does intend to follow the law, at least a bit:

The analysis reflected the views of a nearly 23-year-old Oxford student who had not yet gone to law school, and her thinking may have evolved. Indeed, when she was made solicitor general last year, she rejected the role of courts in leading the way toward social justice. “It is a great deal better for the elected branches to take the lead in creating a more just society than for the courts to do so,” she wrote.

Saying it is better for the elected branches to lead is hardly the same as rejecting the notion that the courts can leap into a legislative abyss.

MORE:  The Times has some of her notable writings available here.

Comments

[Clarice]

A great man once said, "When I was young an stupid, I was young and stupid."

I think this is insufficient to deny her confirmation.

Go with Dem Cong. Louise Slaughter who insists Elena assure she's for abortion.

[Walter]

I suspect that she subscribes to the notion that "the best is the enemy of the good."

That is to say, she may well feel it is "better" for elected branches to act, but it is still quite fine for the courts to do so if they fail to act.

I do agree with you Clarice, insofar as she is no longer young or stupid enough to repeat this sentiment before she publishes her memoirs in forty years.

[rrpjr]

Harvard and Oxford -- the dread elitist hatcheries. You can throw in the entire Ivy League. I'm so sick of of these people and of modern education. I've reached the point where I actively distrust anybody with a gilt-edged education.

[Melinda Romanoff]

This just screams for "Young Pioneer".

Had to get that in.

[Pofarmer]

Our POTUS is a Maroon.

President Obama Tells Mexican President "We are Not Defined by Our Borders"

We. Are. So. Screwed.

LUN.

[Pofarmer]

Our POTUS is a Maroon.

President Obama Tells Mexican President "We are Not Defined by Our Borders"

We. Are. So. Screwed.

LUN.

[Rob Crawford]

President Obama Tells Mexican President "We are Not Defined by Our Borders"

No, he's right. We're defined by the Constitution, an item that Mexico quite bluntly could stand to learn from.

Although, I think we should react to Mexican whining about our immigration laws by adopting theirs. Just the threat should shut them the hell up.

[Clarice]

In case the administration really tries to challenge the Arizona law, his chances of prevailing are made slimmer by the fact that he left in place a Justice directive that authorizes the states to enforce federal immigration law.
http://volokh.com/2010/05/19/the-bybee-immigration-memo/

[Melinda Romanoff]

Clarice's Link.

[Pofarmer]

No, he's right. We're defined by the Constitution,

Unfortunately, that's not what he means.

[Pofarmer]

“It is a great deal better for the elected branches to take the lead in creating a more just society than for the courts to do so,” she wrote.

See, also, "This is gonna hurt me way more than it's gonna hurt you."

[Rob Crawford]

Unfortunately, that's not what he means.

Yeah, I know. But can't I hope?!

(My iPad just shipped. Is there a narcisolator/troll blocker/etc. for Safari?)

[bgates]

We are Not Defined by Our Borders, so what does it really matter if I was born in Honolulu or Havana or Hanoi?

[Danube of Thought]

If I become aware that anything I wrote before the age of thirty still exists, I will spare no effort to find and destroy it, along with all copies.

[Janet]

Gotta laugh about this article that is concerned that activists are wielding too much power NOW. LUN

The years of environmental activists shutting down our energy production...no problem.
green activists=good
small government activists=bad

[Pofarmer]

Calderone's got stones.

Says he's worried about the effects of the Arizona law on "His People."

This is truly the bearded Spock Universe. We've fought wars over this border recently.

[daddy]

Writing as Silence Dogood, young Ben franklin, "described Harvard College as a temple where wealth rather than merit guaranteed admittance to “dunces and blockheads” who graduated “as great blockheads as ever, only more proud and self-conceited.”

[jimmyk]

Along those same lines, Franklin

told the story of some Massachusetts commissioners who invited the Indians to send a dozen of their youth to study free at Harvard. The Indians replied that they had sent some of their young braves to study there years earlier, but on their return "they were absolutely good for nothing, being neither acquainted with the true methods for killing deer, catching beaver, or surprising an enemy." They offered instead to educate a dozen or so white children in the ways of the Indians "and make men of them."

(from Isaacson's biography of Franklin)

[Clarice]

Obama's borders remark, however, is topped by Biden's claim at the EU meeting that Brussels is the capitol of the free world.

Don't you feel safe in their hands?

[daddy]

Great find jimmyk,

And If I recall correctly, Franklin thought their suggestion was a good idea.

[anduril]

Steve Sailer has a link to an article that appeared in the LA Times: Oil spill "Dream Teamer" canned by Obama for not being PC--and this from the Obama Admin that was going to be "pro-science":

A St. Louis scientist who was among a select group picked by the Obama administration to pursue a solution to the oil spill in the Gulf of Mexico has been removed from the group because of writings on his website, the U.S. Energy Department confirmed Wednesday.

Washington University physics professor Jonathan Katz was one of five top scientists chosen by the Department of Energy and attended meetings in Houston last week.

Though considered a leading scientist, Katz's website postings often touch on social issues. Some of those writings have stirred anger in the past and include postings defending homophobia and questioning the value of racial diversity efforts. ...
"Dr. Chu has spoken with dozens of scientists and engineers as part of his work to help find solutions to stop the oil spill," a statement from the Energy Department said. "Some of Professor Katz's controversial writings have become a distraction from the critical work of addressing the oil spill. Professor Katz will no longer be involved in the Department's efforts." ...

In a website posting titled "In Defense of Homophobia," Katz wrote about the AIDS epidemic.

"The human body was not designed to share hypodermic needles, it was not designed to be promiscuous, and it was not designed to engage in homosexual acts," he wrote. "Engaging in such behavior is like riding a motorcycle on an icy road without a helmet. It may be possible to get away with it for a while, and a few misguided souls may get a thrill out of doing so, but sooner or later (probably sooner) the consequences will be catastrophic. Lethal diseases spread rapidly among people who do such things."

[daddy]

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300M WEST OF THR 07R AND 369M SOUTH OF RCL. MAX ELEV 411FT/82FT
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I0673/10 NOTAMN
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560M BEHIND THR07L AND BTN 750M AND 1150M NW OF RCL. MAX ELEV
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OCA VALUES IN NOTAM A3481/09 OVERRULED DURING THIS TIME.
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CAT I

A) WHEN IT IS EXPECTED BY ATC, THAT THE PRECEDING LANDING ACFT
CATEGORY HEAVY WILL TAXI THROUGH THE CRITICAL AREA OF THE ILS
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APPROACHING ACFT ON TWR AND APP-FREQUENCY:
-EXPECT SHORT-TIME ILS INTERFERENCE-.

B) THE TAXI PROCESS SHALL BE EXECUTED WITHOUT DELAY.

ADDITIONAL PROVISIONS FOR AWO CAT II AND CAT III:

C) THE CRITICAL AREA OF THE ILS LOCALIZER SHALL BE VACATED AT THE
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Q) EDGG/QPMXX/IV/BO /A /000/999/5002N00834E005
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Q) EDGG/QPOCH/I /NBO/A /000/999/5002N00834E005
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RWY 25R LNAV: ALL ACFT CATEGORIES 860 (490) FT
RWY 25L VOR : ALL ACFT CATEGORIES 860 (490) FT
RWY 25L NDB : ALL ACFT CATEGORIES 860 (490) FT
RWY 25L LNAV: ALL ACFT CATEGORIES 860 (490) FT

DUE TO 8 CRANES AT AIRRAIL CENTRE. PSN BTN 700M AND 1300M
BEHIND THR 25R AND BTN 1150M AND 1300M NW OF RCL.
MAX. ELEV 605 FT / 249 FT AGL.
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Q) EDGG/QPOCH/I /NBO/A /000/999/5002N00834E005
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DUE TO OBSTACLE REMOVED, NEW OBSTACLE SURVEY.
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Q) EDGG/QICXX/I /NBO/A /000/999/5002N00834E005
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Q) EDGG/QPMXX/IV/NBO/A /000/999/5002N00834E005
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SECTOR RWY 25R. PSN 1073M BEHIND DEPARTURE END OF RWY 25R AND 185M
S OF EXTD RCL, 500139N 0083114E. WORKING RADIUS 65M AROUND THIS
PSN. ELEV 384FT/57FT GND. NOT MARKED/LIGHTED.
A3481/09 NOTAMR A1525/09
Q) EDGG/QPOCH/I /NBO/A /000/999/5002N00834E005
A) EDDF B) 0909250924 C) PERM
E) OCA(H) VALUES CHANGED AS FOLLOWS:
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(390) LNAV/VNAV RWY 07R, A 680 (350), B 680 (350), C 680 (350), D
680 (350) LNAV/VNAV RWY 25L, A 760 (400), B 760 (400), C 760 (400),
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(420), D 790 (420) DUE TO NEW OBSTACLE SURVEY. AIP AD 2 EDDF 4-6-1,
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A3455/09 NOTAMN
Q) EDGG/QCACF/IV/B /A /000/999/5002N00834E005
A) EDDF B) 0909231140 C) PERM
E) APRON FREQUENCY 121.700 MHZ REPLACED BY FREQUENCY 121.750 MHZ.
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Q) EDGG/QFAXX/IV/NBO/A /000/999/5002N00834E005
A) EDDF B) 0812221030 C) PERM
E) ACFT PARKING ON PSN B10 HAVE TO CONTACT APRON, PRIOR ACTUAL
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A3130/07 NOTAMN
Q) EDGG/QFAXX/IV/NBO/A /000/999/5002N00834E005
A) EDDF B) 0711130730 C) PERM
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A3129/07 NOTAMN
Q) EDGG/QFAXX/IV/NBO/A /000/999/5002N00834E005
A) EDDF B) 0711130730 C) PERM
E) ACFT TYPES C5 AND A225 ARE NOT ALLOWED TO LAND AT EDDF.
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A3245/06 NOTAMN
Q) EDGG/QPIXX/I /NBO/A /000/999/5002N00834E005
A) EDDF B) 0612210037 C) PERM
E)
ALL ARRIVING ACFT SHALL ADVISE FRANKFURT ARRIVAL ON INITAL CONTACT,
IF UNABLE FOR FMS PROCEDURES ON 120.8 AND 118.45 RESPECTIVELY.

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