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Monday, May 24, 2010

The Kagan Conundrum

Monkey Business and Monkey Wrenches

You will wish you went to the beach rather than glue yourself to the TV for these confirmation hearings. It they are comprised of two weeks of Mitch blasting her over blocking military recruiters over the gay discrimination issue expect a large collective yawn-NEXT!

What is there possibly to be troubled about here? She needs to lose 20 pounds? She swings a mean baseball bat? The latest hysteria is that softball is a "lesbian" sport apparently. The entire American School in London high school team played softball in Regents Park. That's what we have Title IX for-to label some sports "lesbian sports?" And shot put isn't? Or the Luge?
Do you realize that there is a softball league of some of the best lawfirms in a few major cities. I was in one in LA. The women were the cutest in the firm (not bragging)- because they got outside and exercised. There are church softball leagues for crying out loud.

And what-she looks too stocky? Perhaps she is peri-menapausal hormonally unbalanced? Perhaps she just has a bad hair stylist and refuses to pay $300 for a coif.
This is how you want Supreme Court justices judged?
She hasn't cross-examined anyone nor seen the inside of a courtroom? So you want to rule out all the real estate partners in all large firms, all the M&A transactional types who only get in a courtroom when they are co-conspirators in their client's financial fraud. How about all Mediation expert attorneys who know how to keep their clients out of trial by settling first because that is the overwhelmingly stated preference of most courts? All successful attorneys who kept their clients out of court shall never be considered for Supreme Court Justices. How about all attorneys in the US State Department? How about all attorneys who just file SEC reports?

This woman is not only singularly well qualified, she is extremely impressive. She is in fact light years smarter than the overwhelming number of Senators who will be questioning her- so mind your Ps and Qs and dot your "i"s and cross your "t"s. You aren't taking this good woman down without a fight.

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