Kagan gets the nod

[animal]

All really good points, and I admit that that in all probability Kagan is the best we can hope for … since the opposition doesn’t have the spine or the inclination to deadlock the entire process for a couple of years.
Does that mean it should be a giveaway?

I think that the best course for now is to at least put up a show of a fight to get more information out on her. It might only serve as a delaying tactic, but delaying tactics work well to stall "advances" on other fronts. The politicians that would limit individual rights don’t hesitate to use every weapon in their arsenal, why shoud we?

A person’s personal views and style often show through in their work for someone else. Again, I’ll point to the Roberts precedent as an example, and I doubt there would be much political capital expended in requesting more information based on that precedent.

Why should we limit ourselves to the rules of decorum and genteel debate when rhetoric is the driving force of politics concerning our rights today? Is the object to lose honorably, or to attempt to win by the ground rules (or lack of them) forced upon us by our adversaries?

 

[Tom Servo]

We agree with numerous other courts that "the Second Amendment guarantees a collective rather than an individual right." United States v. Warin (citations omitted). That is to say, it protects a state's right to raise and regulate a militia by prohibiting Congress from enacting legislation that will interfere with that right. The second amendment says nothing that would prohibit a state (or the legislature for the District of Columbia) from restricting the use or possession of weapons in derogation of the government's own right to enroll a body of militiamen "bearing arms supplied by themselves" as in bygone days.

Ronald Reagan and the Talking Heads aside, I don't miss the 1980's.

This was the prevailing consensus at the time. In fact, every bit of 2nd Amendment jurisprudence I can think of prior to the turn of the century agreed with the DC Appellate Court on the matter.

Folks don't realize what an utter sea-change the Heller verdict was, nor how much groundwork it took for us to get there. The fact that she accepts Heller as good law says a great deal about her.

Do not take the above as an endorsement of Kagan. It isn't. It is a rational look at the possibilities.

Agreed. As Maestro said, she's far better than Mystery Date #2.

 

[Al Norris]

Does that mean it should be a giveaway?

... says the loyal opposition.

When it means that we could be facing what's behind Door #2, because we wouldn't pick Door #1, then, Yes. In this case.

Pragmatism, especially in politics, is ofttimes better than delaying tactics.

Is the object to lose honorably, or to attempt to win by the ground rules (or lack of them) forced upon us by our adversaries?

Neither. The object is to not stoop to their level.

What you are not considering, is that if too big a stink is made over Kagan, then that nomination will be withdrawn and whatever is awaiting behind Door #2 will be forced upon us.

And as far as i know, no second attempt at confirming a SCJ has ever failed.

I agree.

 

[animal]

I’m not for going to the wire and trying to sink this nominee … just against thanking our lucky stars that we have an unknown quantity handed to us.

What I’m proposing is more of a feigned attack to get them to expose themselves. Then decide if this one is worth fighting in earnest.

As far as delaying tactics go, maybe I have too much hope for the upcoming mid-term elections, but I look at them as a strong possibility of upcoming reinforcements. Delay while waiting for reinforcement is pragmatic.

Of course you’re right that we have to consider the possible cost of fighting , but …
For one, I seriously doubt opening up the records would be a deal breaker unless there’s some really bad stuff to hide. (The press might even be on our side on this one, if they care to do their job.)If they immediately run for cover, by withdrawing the nomination, and while holding such a strong advantage; it would be telling, imo.
For another, I know it’s hard to imagine, but there is the possibility that Kagen is the worst of those on the short list.

We are merely choosing different gambles.

Not stooping sounds nice, but If you aren’t willing to stoop to their level, a street fighter will take you apart while you’re still lacing up your boxing gloves.