tag:blogger.com,1999:blog-7321349.post2520933209654157623..comments2024-03-18T22:21:33.261-07:00Comments on The Debate Link: The Right Republican Tactic Towards KaganDavid Schraubhttp://www.blogger.com/profile/04946653376744012423noreply@blogger.comBlogger9125tag:blogger.com,1999:blog-7321349.post-63377839973058854452010-05-16T18:39:43.456-07:002010-05-16T18:39:43.456-07:00I'm not sure what distinguishes the (ill-defin...I'm not sure what distinguishes the (ill-defined) "left" from the (ill-defined) "right" in your typology. Both the left and the right get cranky when academics say things they dislike. Liberals want to ban burning crosses, conservatives want to ban burning flags.<br /><br />Except wait -- that's too simplistic (huge surprise).<br /><br />The flag burning case (Texas v. Johnson) breakdown was a 5 vote majority of Brennan (liberal), Marshall (liberal), Blackmun (liberal), Scalia (conservative), and Kennedy (conservative). The 4 dissenters were Rehnquist (conservative), White (conservative), O'Connor (conservative), Stevens (liberal). <br /><br />The cross-burning case was split into three camps. The first held that a statute barring cross-burning was valid only if restricted to cases where there was an "intent to intimidate". That camp consisted of Scalia (conservative), O'Connor (conservative), Rehnquist (conservative), Stevens (liberal), and Breyer (liberal). The second would have held that any statute targeting cross-burning would be unconstitutional as content-based under the first amendment. That group consisted of Souter (liberal), Ginsburg (liberal), and Kennedy (conservative). Finally, Justice Thomas (conservative) would have found cross-burning unprotected speech across the board.David Schraubhttps://www.blogger.com/profile/04946653376744012423noreply@blogger.comtag:blogger.com,1999:blog-7321349.post-48404492418614352072010-05-16T17:52:37.822-07:002010-05-16T17:52:37.822-07:00Look at how the left and right treats speech. Fro...Look at how the left and right treats speech. From campus speech code to treating a burning cross very differently than a burning flag, the left desperately wants to regulate speech based upon its content. Kagan will definitely find any restrictions based upon content as constitutional. Remember, all the state needs is a compelling interest and no right is safe.Superdestroyerhttps://www.blogger.com/profile/14708119879383713312noreply@blogger.comtag:blogger.com,1999:blog-7321349.post-14338366112617959762010-05-16T15:09:32.209-07:002010-05-16T15:09:32.209-07:00Because clearly liberals have historically shown n...Because clearly liberals have historically shown no interest in viewing the First Amendment (which, y'know, provides for freedoms of speech and religion) expansively. Yeesh, at least when the NRA makes hysterical noises about liberals being a step away from confiscating all guns they show some understanding of what the textbook "liberal" and "conservative" stance on the issues is.joenoreply@blogger.comtag:blogger.com,1999:blog-7321349.post-17813989802745721482010-05-16T13:11:12.920-07:002010-05-16T13:11:12.920-07:00IF the Republicans were relevant to politics or ha...IF the Republicans were relevant to politics or had any chance of long term survival, then what they do may have some relevance. <br /><br />Kagan will end up being the Democrats Souter in that she is talked about as being a moderate but in ten years she will probably end up to as the most liberal justice on the court. I doubt if freedom of speech or religion will survive is more Kagans end up on the court.Superdestroyerhttps://www.blogger.com/profile/14708119879383713312noreply@blogger.comtag:blogger.com,1999:blog-7321349.post-17139614067010744482010-05-16T09:38:02.562-07:002010-05-16T09:38:02.562-07:00Anonymous is of course being very selective about ...Anonymous is of course being very selective about his history. No mention of the Scalia or Kagan votes here. Just typical sandbox "he started it."joenoreply@blogger.comtag:blogger.com,1999:blog-7321349.post-78073061705196956472010-05-16T06:57:34.100-07:002010-05-16T06:57:34.100-07:00I think this analysis collapses after a little tho...I think this analysis collapses after a little thought.<br /><br />First, the "moral high ground" that Republicans would gain in a nomination fight is practically worthless. Ginsburg was about as close to an ideal confirmation as possible (93-6), Breyer was only slightly more contentious (87-9). No reciprocity was shown for Roberts, with a much more contentious hearing and a 78-22 vote. And then there was Alito. It is a fantasy to believe that if Republicans play nice this time, Democrats will do the same: if this were true, the battles would be over. In which case, however little Republican "base riling" is worth, it's worth more than that.<br /><br />As for playing the short game and trying to split the Democratic base by playing nice, I actually have more respect for Democrats than to think that they would fall for such a silly trick. Kagan is no Souter, and is not about to start casting votes with Scalia.<br /><br />In the meantime, her inevitability is not what you think it is. The hearings are yet to come, and the Solomon issue, particularly, if played right could make her a significant enough political liability to eliminate her from running. It's a long shot, akin to betting a hard eight. But every so often the dice roll right.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7321349.post-77052742290203795522010-05-16T02:14:04.771-07:002010-05-16T02:14:04.771-07:00was Excellent . thaks .was Excellent . thaks .robhttp://www.istgah118.irnoreply@blogger.comtag:blogger.com,1999:blog-7321349.post-55653205095568358722010-05-16T00:47:50.152-07:002010-05-16T00:47:50.152-07:00And let's not forget the PROTECT OUR TROOPS an...And let's not forget the PROTECT OUR TROOPS angle of the Solomon Amendment thing. On top of all the normal culture war stuff?joenoreply@blogger.comtag:blogger.com,1999:blog-7321349.post-27813359173338537592010-05-16T00:41:42.265-07:002010-05-16T00:41:42.265-07:00With these Tea Parties declaring open season on ve...With these Tea Parties declaring open season on very doctrinaire incumbent Republicans, they have more to lose by playing nice. Any high ground approach would be quickly forgotten by everyone but the the same nutters who still say "wise Latina" like those two words are a complete (and compelling) argument all by itself.joenoreply@blogger.com