Kagan and the Supreme Court

NY Times has a piece on Kagan. Grain of salt warning – they make her come off as really centrist, but lets also recall she was a holdover from the Clinton administration. The tobacco laws, the whole wine shipping issue, the “assault weapons” ban and such – she was a part of all that.

Things I do not like:

  • Don’t ask don’t tell – she wants to do away with it. Frankly the military is a lifestyle, and to quote R Lee Ermey, “I don’t think they would like it very much if they let me into the woman’s [housing], isn’t that the same thing?” Now I tend to think that relationships among a soldier and a civilian are different things, I feel the spirit of the law is to keep your sex and relationships to people who aren’t soldiers. Would it be appropriate to sleep with your boss? Now imagine that, for your job, not only did you sleep with your coworkers, but you had to bathe with them and spend endless amounts of time with them – literally years at a time. I’ve had shorter relationships than people I know on deployment. It’s not an issue about being straight or gay so much as it’s an issue about what is and is not appropriate in the workplace.
  • Same sex marriage versus constitutional theory – This is one thing a lot of people do which pisses me off. They swear to god they’ll uphold the spirit of the constitution, but then they say gay marriage is OK. I’m personally in the camp that if you want to marry a horse, and that horse is a guy, and you’re a guy, this is A-OK! Marry that horse and have a same sex marriage while you’re at it. Now she also wrote “there is no federal constitutional right to same sex marriage”. Now, here’s the problem for my military friends and family – she wants to do away with “Don’t Ask Don’t Tell” but then she says “There’s no federal [issue] with same sex marriage”. Actually, there is a federal issue with same sex relationships and “states rights” only works when you’re not really interested in supporting someone’s rights. So either she doesn’t really believe in bullet #1 or she doesn’t believe in bullet #2. I personally don’t see the middle ground.

Things I do like:

  • The second amendment is an individual right.
  • Financing for Faith Based Groups – I don’t see what the problem is which people have here. People’s religion is very personal to them. If the Muslims got their own TV station paid for by the government, I wouldn’t watch it. But that’s just me. Point being you’re not likely to up and walk into a mosque one day just because the government is giving out greenbacks. That being said, I tend to think the government should fund things a whole lot less, including foreign aid.
  • Warrantless Wiretaps and Enemy Combatants – she’s sticking to the Bush interpretation of this which says if you’re donating money to Al Quaeda, you’re now a combatant and don’t have civil rights.

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