As Dean, Kagan Opposed Graham Amendment Stripping Detainees Of Court Access

[TomCADem]

It would be nice to have a substantive discussion of Dean Kagan's qualification and temperment on a DEMOCRATIC board. She is a lifelong Democrat with a long history of public service. Yet, many "Democrats" on this board are going out of their way to distort her record, with some folks virtually equating her with John Yoo on the subject of the treatment of detainees. Once again, here are the facts:

http://www.prospect.org/csnc/blogs/tapped_archive?month=05&year=2010&base_name=kagan_more_progressive_on_exec

In a 2005 letter to Sen. Patrick Leahy, Kagan and three other deans of major American law schools, wrote to oppose legislation proposed by Sen. Lindsey Graham (R-SC) to strip the courts of the power to review the detention practices, treatment and adjudications of guilt and punishment for detainees at Guantanamo Bay, Cuba.

"To put this most pointedly," the letter said, "were the Graham amendment to become law, a person suspected of being a member of al-Qaeda could be arrested, transferred to Guantanamo, detained indefinitely ... subjected to inhumane treatment, tried before a military commission and sentenced to death without any express authorization from Congress and without review by any independent federal court. The American form of government was established precisely to prevent this kind of unreviewable exercise of power over the lives of individuals. "

"When dictatorships have passed" similar laws, said the deans, "our government has rightly challenged such acts as fundamentally lawless. The same standard should apply to our own government."

[JTFrog]

1. K&R for facts vs. smear!

[Warpy]

2. I tend to trust Obama's judgment in this matter

because he's a lawyer who loves the law, rather than someone who has read a good bit of it but finds it deadly dull (me), who has taught constitutional law, and who has the interest of the country at heart instead of the interest of a narrow ideology, no matter how I approve or disapprove of that ideology.

Plus, I suspect he's smarter than I am.

In any case, I can't find anything to disqualify her. She is qualified for the position, even if some of her decisions are not those I fantasize I would have made in the same circumstances. She is an entirely appropriate replacement for Justice Stevens.

In addition, she's likely to be confirmed, something a liberal justice would not be in the current, conservative Senate.

[Bitwit1234]

3. My son listens to the sports but the have news

and in this newscast they said republicans are afraid that since Kagan is one of Obama's appointees they are afraid she shares his views.

What in the double H..Hell does Roberts, Alito, Scalia, Thomas and Kennedy share if not very very very partisan republican views. Which they have shown over and over. And which was shown by five republican judges who appointed bush president.