Elena Kagan Played Softball. So What?


Apparently Elena Kagan is a softball player, or something like that. It is not a subject I care to write about, want to write about, or think is relevant to much of anything considering the woman’s only definitive answer on any matter of jurisprudence is that she believes there is no federal constitutional right to gay marriage.

So that’s that.

Except it isn’t. And it is not because of the right, but because of the left.

The Wall Street Journal ran a picture on its front page of Kagan playing softball in college. Immediately, the paper was attacked by gay rights groups claiming the picture was a coded message about Kagan’s sexuality.1

Those of us who have been paying attention to the whole business of this nomination recognized the running of that picture for what it was — the only flattering picture of Ms. Kagan to come out in the press in the past several weeks.

A couple of weeks ago my friend Ben Domenech referenced what is well known by most anyone who has been following Kagan’s rise to Solicitor General and wrote positively that it is a good day in the country when we’ve reached a point that the President can nominate a non-heterosexual to the Supreme Court. The White House immediately denounced Domenech and called his noting the open rumors and talk at Harvard Yard about Ms. Kagan’s sexuality and willingness to be seen in public with her partner all a bunch of lies.

Well now the left is in open warfare over the issue and is split in ways the media would be all too willing to cover if the split were on the right. Half want a definitive answer as to Elena Kagan’s sexuality. The other half are ready to attack anyone who suggests she is as if accusing someone of being a lesbian is a terrible thing.

The rest of us will have to wait for the left to sort this all out. In the meantime, I’d just like to say that attacking the Wall Street Journal for running arguably the most flattering photo of this woman to appear in the past several weeks really is a ridiculous waste of time and does not help avoid the conversation of whether she is or is not what everyone who pays attention to these things seems to already suspect she is.

It does of course lead to the question everyone is asking privately, but cannot bring themselves to ask publicly due to matters of taste and etiquette: is America ready for a softball player on the United States Supreme Court?

We had that question raised over and over as to race when Barack Obama secured the Democratic nomination in 2008. Are we now ready to have it regarding sex and the Supreme Court? The left seems insistent that we must, except when insisting we must not talk about it at all.


  1. The most profoundly shameful and disgusting bit of all of this is that some are now attacking Andrew Sullivan for raising the issue initially, but these same people had no problem whatsoever with Sullivan’s quest to convince the world that Sarah Palin is not the mother of her child.


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Rosie O'Donnel was a softball player

DerKrieger (Diary) Wednesday, May 12th at 12:00AM EST (link)

At least she played on in A League Of Their Own.

Elena Kagan can play a SC justice.

“In questions of power, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution.” – Thomas Jefferson

“I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents.” – James Madison

Whenever the legislators endeavor to take away and destroy the property of the people, or to reduce them to slavery under arbitrary power, they put themselves into a state of war with the people, who are thereupon absolved from any further obedience.” — John Locke, 1690

 

Sarah Palin played basketball..

smitch61 Wednesday, May 12th at 12:09AM EST (link)

But I do not remember the positive story about it? I probably just forgot.

 

Well Erick, that what the left likes to do best

Richard Mullins (Diary) Wednesday, May 12th at 12:17AM EST (link)

Pull out the Lesbian card to make her sympathetic because the talk on that issue will be so divisive that people(or in this case Senators) will forget what the real issues against her are. If you don’t believe that, then must you have forgotten about the race for mayor in that city to my south, Houston. Sympathy is a great tool for those that have agendas.

Richard Phillip Mullins BlogThe Squash Satire SiteNews on Happy Jet Airlines
Rmullins Pics
Rpmullins Twitter

Joe Biden is like a Decrepit Park owner with a Meth lab that happens to not only be a dealer but a user.

Let’s Bankrupt the Democratic paty. Make spend all the money to defend thier candidates.

It forces their opponents to bring up the subject

reverelth (Diary) Wednesday, May 12th at 1:53AM EST (link)

The outrage of the Domenech piece seemed to be more over his gall at outing her (or confirming she was out, as the case may be) instead of a denial of her homosexuality. For the life of me, I can’t find anyone in the regime denying that in print.

Same thing this time around with the WSJ picture. Nobody in the regime denying it, just taking the occasion to pre-emptively finger wag at anyone who would suggest she is gay.

It’s a little game and you have to wonder why they don’t trumpet it, if it’s true, since it seems to be meaningful to them (or does it?) and instead lure the other side into pointing it out, just so they can appear more tolerant-than-thou.

http://www.libertytreehugger.com

Well the truth is that it was all leaked by the WH

Richard Mullins (Diary) Wednesday, May 12th at 11:03AM EST (link)

so that the problems with her are not remembered. That happens far too often to a one time deal. They just get angry if someone picks up on it. The pic is also a planned release as well as a staged interview. I know what happens when you play the sympathy card, you tend to get bad politicians(and now possibly Judges).

Richard Phillip Mullins BlogThe Squash Satire SiteNews on Happy Jet Airlines
Rmullins Pics
Rpmullins Twitter

Joe Biden is like a Decrepit Park owner with a Meth lab that happens to not only be a dealer but a user.

Let’s Bankrupt the Democratic paty. Make spend all the money to defend thier candidates.

 
 
 

Aha...why Obama picked U of Chicago softball player Elena Kagan

6eorge Jetson (Diary) Wednesday, May 12th at 12:18AM EST (link)

Obama clearly wants to discredit the notion that he throws like a girl.

Well he needs some cover from that. -nt-

Richard Mullins (Diary) Wednesday, May 12th at 12:20AM EST (link)

Richard Phillip Mullins BlogThe Squash Satire SiteNews on Happy Jet Airlines
Rmullins Pics
Rpmullins Twitter

Joe Biden is like a Decrepit Park owner with a Meth lab that happens to not only be a dealer but a user.

Let’s Bankrupt the Democratic paty. Make spend all the money to defend thier candidates.

 
 

A pointless thought on Kagan's attractiveness

tankertodd (Diary) Wednesday, May 12th at 12:37AM EST (link)

Kagan is so manly looking that I sincerely hope she’s gay. Otherwise it’s gonna be a lot more late nights at the courthouse with the cats.

I think conservatives are mostly over the whole gay thing. Like race, it’s all up to the liberals to obsess over these things while in doing so demonstrating their anti-gayness and racism.

———————————
The way to stop discrimination on the basis of race is to stop discriminating on the basis of race – Chief Justice Roberts

 

Gay? Who cares! Anti-Armed Forces? Problem!

acat (Diary) Wednesday, May 12th at 12:54AM EST (link)

I don’t care which team she plays for.

I’m much more concerned about her role in preventing the Army recruiting at Harvard.

If she gets on the court, will she be able to act fairly in any military-related cases? We’re in a world that is getting more and more dangerous – I don’t want a SCOTUS who believe the men and women in uniform need choke collars.

Mew

——
self-portrait

“All that is gold does not glitter, not all those who wander are lost”. –Tolkein

Great post

smitch61 Wednesday, May 12th at 1:01AM EST (link)

It definitely shows she cannot “follow the rules”. How in the heck will she defend the constitution. I hate that the GOP will not fight this.

Of course I am still angry at the GOP for Sonia. How do you vote to confirm when she could not even give a yes or no answer on the 2nd Amendment?

"follow the rules"?

edintexas Wednesday, May 12th at 7:11AM EST (link)

Umm – that “rule” is a Federal Statute requiring access for recruiters if any Federal money is received by the educational institution. So it isn’t a case of “follow the rules” (which would be applicable to a softball game), but rather a case of refusing to “follow the law”.

We have come to the point where we have a nominee to the SCOTUS who has demonstrated her disdain for, and refusal to follow, the law when it conflicts with her personal preferences. And this person is supposed to sit in Constitutional judgement of laws?

Turbo Tax Timmy, now Scofflaw Kagan?

acat (Diary) Wednesday, May 12th at 9:29AM EST (link)

What else would we expect from the Obama administration?

Mew

——
self-portrait

“All that is gold does not glitter, not all those who wander are lost”. –Tolkein

 
 
 
 

Kagan: socialist + living Constituion = disaster

jeff_h_morris (Diary) Wednesday, May 12th at 1:01AM EST (link)

Elena Kagan is another socialist with a statist agenda. If confirmed, she will be only too happy to impose her undemocratic, unelected, unjust preferences on America just like the rest of the Left. Kagan on the Court will be institutionalized Alinskyism. Her agenda is Obama’s agenda. She ought to be filibustered.

Why is it that socialism murdering 100 million people in the 20th century were not enough to dissuade the Left of the evil of socialism? Stupidity, imbecility and sociopathology may account for some, but all? Why are Che T-shirts popular here? Running a gulag is appealing? And why did 9 Republican (RINO) senators vote to confirm Kagan as SG? (See http://bit.ly/d5viyG )

This includes GOP ‘luminaries’ Kyl and Coburn. Coburn seems to get a pass from some around here.

Well here is another Coburn negative. Why would Coburn vote for Kagan and make it more difficult to keep her from a lifetime Supreme Court position? Why did he vote for TARP? And why does he support moderate Jerry Moran over conservative Todd Tiahrt in the Kansas Senate race?

Coburn is unreliable. His conservatism is inconsistent. What he does, and what he says are very different. Do not look to Coburn for leadership, and filter what he says with a tight-knit mesh.

Let us hope Coburn regains enough common sense to oppose Kagan for the Supreme Court. Pull out all the stops, jam the legislative gears, bring the US Senate to a hard stop, but do not let another Left-wing Stalinist impose her whims on us and reduce us to government slaves.

 

The Left's trying to distract from the fact Kagan is an utter mediocrity.

spainishirish (Diary) Wednesday, May 12th at 1:25AM EST (link)

We are fortunate such a lightweight was nominated because she won’t be able to bring along many justices with her (Exhibit A: Solomon). Just humiliate her on the basis that she is totally unqualified, and let her join Sotomayor in the invisible corner.

Senators should remember, Kagan

redneck_hippie (Diary) Wednesday, May 12th at 10:04AM EST (link)

in the SC is exactly equal to Obama in the SC. Plus, Obama knows he has a dullard as Solicitor General and needs someone effective put in there before HCR, cap & tax and who knows what else come up for judicial review.

If she does for HCR what she did for campaign finance reform, we should be supporting her nomination.


Activists Taking Action: Unified Patriots

 
 

And did you see this?

reverelth (Diary) Wednesday, May 12th at 1:57AM EST (link)

Kagan sounding utterly idiotic arguing Citizens United:

http://www.realclearpolitics.com/video/2010/05/10/kagan_botches_oral_argument_in_supreme_court_appearance_at_citizens_united_lawsuit.html

Keep your eye on the ball!

http://www.libertytreehugger.com

Maybe Kagan is the perfect pick for us

bk (Diary) Wednesday, May 12th at 7:38AM EST (link)

If Kennedy thinks she’s an idiot then I don’t see her persuading him on these 4-4-1 cases where he is the swing vote.

And in the animal cruelty case the left howled about as an evil right-wing fiasco, Stevens and the other three liberals agreed with Roberts that her arguments were useless.

But she shows exactly the danger of her ilk on the court. While Roberts takes great pains to limit interpretations to only the fine point being argued, she would obviously have no qualms with sweeping “fixes” of anything she thinks isn’t “fair”. While Scalia correctly stated that the Supreme Court is not self-starting, she argued that they should take advantage of any “chances” they have to take action.

 
 

Now I am embarrassed.

sdeakins Wednesday, May 12th at 5:49AM EST (link)

All this time I thought Kagan was an effeminate looking fat guy .. you know like Curly Joe from the 3 Stooges or George Costanza-like. I am astounded at the revelation that Kagan is not a fat guy.

Sam B Deakins

I thought exactly the same thing about Al Franken.

blooch Wednesday, May 12th at 9:45AM EST (link)

He could do a guest appearance impersonating her on SNL if they do a Kagan skit Kind of a “Pat” reprise or something.

“Lieutenant Dike wasn’t a bad leader because he made bad decisions. He was a bad leader because he made no decisions.”

 
 

Don't worry, if she's gay the gays will "out" her. It is about the obession for normalcy

archer52 Wednesday, May 12th at 7:00AM EST (link)

Who cares if Kagan is gay outside the far left gay community? They create gays in order to wave them around as flags in order to gain attention.

If she is a known gay inside the community, if she has a “partner.” Or as the quieter members might put it, “long time friend and assistant” it will become known before she puts on the robe and certainly afterward.

The drive to be “normal” in the far left gay community is a matter of revenge that is largely created by their own assumption they are hated by the mainstream. Marriage, adoption, equal rights, civil rights, “outing” historical figures that cannot defend themselves is all part of the “I’ll show you” mentality.

Maybe Obama’s administration can manage the rumors, maybe not. It won’t matter PC politics will actually help her if it becomes out.

That only happens

Leopard1996 (Diary) Wednesday, May 12th at 7:54AM EST (link)

If said gay person shows on iota of conservatism. I think on this one, if she is lesbian or not, (frankly I don’t care one way or the other), they will test the wind and if it is not a true issue or she rules in their favor they will let it slide, but if she rules against one of their interests, then she is outed almost immediately and with the most negative slant possible. I think this if true is the Liberal blackmail chip to kepp kagan is line.

“The accumluated filth of all their sex and murder will foam up about their waists and all the whores and politicians will look up and shout, “Save Us!”….and I’ll look down and whisper, “No”…The Watchmen

This may be the reason she is going to get through easily

archer52 Wednesday, May 12th at 12:51PM EST (link)

http://cnsnews.com/news/article/65720

“She argued that government can restrict speech if it believes that speech might cause harm, either directly or by inciting others to do harm.

Laws that only incidentally affect speech are constitutional, Kagan said, because the government’s motive in enacting them is not the restriction of First Amendment freedom but the prohibition of some other – unprotected – activity.”

She argues both sides but agrees the government can restrict speech if it is found harmful. By who would the be question.

By who is exactly the point

Leopard1996 (Diary) Wednesday, May 12th at 1:52PM EST (link)

Would the Tea Party protests be subject to being harmful because Liberals would feel “frightened”. I definitely don’t like the way that little screed that you linked to is heading.

“The accumluated filth of all their sex and murder will foam up about their waists and all the whores and politicians will look up and shout, “Save Us!”….and I’ll look down and whisper, “No”…The Watchmen

 
 
 
 

Don't ask don't tell?

Vassar Bushmills (Diary) Wednesday, May 12th at 7:15AM EST (link)

Everyone knew from the beginning that the gay fix was in if she got the nod. So what?

It is pandering, of course, but I can’t help but laugh that while the gays want their own judge, Obama wants to give them their own judge, once done, everyone is outraged if we notice. It’s supposed to be a secret? Isn’t that what Don’t ask, don’t tell was all about?.

 

bias

spepper Wednesday, May 12th at 7:25AM EST (link)

this can only mean that she is biased against “hardball”……….

 

This is a clear case of the left

Hugh (Diary) Wednesday, May 12th at 7:40AM EST (link)

creating a diversion to distract people from examining her record as a jurist. I want us to examine her record. Wait while I do that…………………

That didn’t take long. She is more unqualified than the person that nominated her for the position. All this does not border on ridiculous. It is ridiculous. It is an insult to the American people. Her nomination needs to be stopped in it tracks. Senators, do not play nice. Stop it.

Socialism in general has a record of failure so blatant that only an intellectual could ignore or evade it.
Thomas Sowell

 

Couldn't care less if she were gay

mdd1956 Wednesday, May 12th at 7:53AM EST (link)

what I want to know is, what actual qualification does she have to be on SCOTUS?

 

its the new meme

tngal (Diary) Wednesday, May 12th at 8:05AM EST (link)

We have to seat her, to know what she does Much like the hc bill – we have to pass it to know what it does.

Sensing a pattern.

 

This is a Hate Crime...

markinbaltimore Wednesday, May 12th at 8:46AM EST (link)

For years, the Left has been pushing for hate crimes legislation. This “accusation” that the WSJ was using this picture as “code” for “she’s gay” is precisely the kind of thing the radical Left wants to make illegal with such legislation. They want to make it possible for left-wing groups to make such outrageous, politically motivated accusations about “code words” and other insults to their political sensibilities, real or contrived, and make them prosecutable. Indeed, can anyone here think of a single Conservative/right of center issue the Left has NOT labeled “code” for racism or some other PC crime? So, not only would they be able to make accusations that damage their opponents politically but they could throw them in jail as well. And, naturally, the Left is “incapable” of such crimes because…well…they just are… so SHUT UP!!

 

She looked like she really tried to play

hunter (Diary) Wednesday, May 12th at 9:17AM EST (link)

In the photo, at least.
I hope she was able to get on base, if not score.

hunter

 

Helpful against the homosexual agenda

petrarch Wednesday, May 12th at 9:35AM EST (link)

If Kagan is confirmed, and is in fact a lesbian (which surely would be public knowledge by that time), wouldn’t she have to recuse herself when same-sex marriage cases and other similar lefty fare come before the court? Ergo, one less liberal vote!

Scragged – Conservative Online Opinion Magazine

 

Compared to the Palin picture...

neoavatara (Diary) Wednesday, May 12th at 9:37AM EST (link)

in Newsweek, this is a joke.

Liberal hypocrisy run amok.

http://neoavatara.com/blog/?p=10909

www.neoavatara.com/blog

 

just a distraction

justfedup Wednesday, May 12th at 9:46AM EST (link)

Whlie the country discusses kagan’s sexuality, what are we being distracted from? We do know this gives the RINO’s a reason to support her, you know that big tent, inclusive bipartisian McCain-Graham thing.

The One spoke of this.

yoyo (Diary) Wednesday, May 12th at 9:54AM EST (link)

If only there was Net Neutrality, HE would not have to worry with the FACTS.

All of us pesky Right-Wing, Homophobic, Sexist, Xenophobic, Red Neck, Hick, Un-Educated, Bigot Bloggers pointing out the facts. Just who do we think we are? Americans? We obviously need enlightenment and learn our stations in life.

Sheesh.

Nemo me impune lacesset
“No one will provoke me with impunity!”
=============================
Pukin’ Dogs – The Fighting 143
Sans Reproache
=============================
The ‘yoyo’ replaced my cigarettes January 22, 2006….

 
 

one more thing

justfedup Wednesday, May 12th at 10:31AM EST (link)

Don’t forget those that “bitterly cling to guns & religion”. Nothing irrates libs like “Praising the Lord & passing the Ammo”.

 

baiting

richardnorman Wednesday, May 12th at 11:02AM EST (link)

I think BHO is trying to set us up, hoping that we will engage in “gay bashing” to make us look bad and to gain sympathy for his nominee. My feeling is leave this to the left to discuss if they like and we should focus on her views of the Constitution.

For Freedom,
Richard Norman

 

A HUTT for Supreme Court Justice...

laura_lee Wednesday, May 12th at 11:32AM EST (link)

I think, not. Bad idea.

The woman has been instrumental in legislation that is misleading to the public http://lifenews.com/nat6327.html and shows no honor in her endeavors. She cares not for the Constitution, apparently, and seeks only to transform by legislating from the bench. You know this will happen.

Let’s send her packing.

 

I don't care...........

patriotii Wednesday, May 12th at 7:45PM EST (link)

What her sexual perversion is……I just want her to h-ll out of our government! “We don want no short peoples”….OR socialists!

So, Dave, was this some sort of odd art project?

Moe Lane (Diary) Wednesday, May 12th at 7:54PM EST (link)

I certainly hope so: BECAUSE IT IS A BAD IDEA FOR AN ARTIST TO COME ONTO THIS SITE AND SAY RUDE THINGS ABOUT GAY PEOPLE.

 
 

I care

rec0n Wednesday, May 12th at 8:33PM EST (link)

That her Princeton thesis, at least according to WND, lamented the death of Socialism in America. I care that she doesn’t believe in a market for ideas, b/c her phrasing reminds me of the very disturbing meme that all idea’s and the product that springs from them belong to the collective community. I care that she believes in ‘redistributing speech’ to ‘un-skew’ the brains of our ignorant unwashed.
It seems to me that people placed as SCOTUS by the brain trust we have currently serving should at the VERY LEAST believe in the Constitution *as written* and that capitalism in America is a HUUUUGE part of what made this country great.
I could care less what she looks like or which team she hits for.

But I can sure see why Bama likes her. The ******.