The two main points being made by Democrats in support of Elena Kagan's nomination to the Supreme Court merely serve to remind us that Democrats are inveterate liars.
First, it has been repeatedly observed how wonderful it is that Ms. Kagan is "someone who's an intellectual heavyweight who's going to give Roberts a run for the money" -- as Sen. Amy Klobuchar, D-Minn., put it.
Whew! Good thing the Democrats got that Hispanic nominee out of the way, so they could appoint somebody with intellectual heft! Hey! What happened to the "wise Latina"? At least now you know what liberals really think of you, Sonia.
Second, liberals are raving about Kagan's "skill at building a consensus ... reaching out and building coalitions" -- as Sen. Dick Durbin, D-Ill., said last week.
It's as if they're talking about a governing majority in the Senate. Next thing you know, liberals will be complaining about a "do nothing" Supreme Court.
On MSNBC's "Hardball" back in May, Sen. Klobuchar said: "We want to get some things done on this court."
Get some things done? Amy Klobuchar is not considered a lunatic, but this was a crazy, giveaway moment. (Durbin is not considered a lunatic, just a hack.)
The Supreme Court is not supposed to be "getting things done." Durbin's and Klobuchar's statements reveal a massive misunderstanding of the role of the court.
Congress, as the people's elected representatives, is supposed to "get things done." If they don't, that usually means the people don't want those things done. It's not the court's job to say: "Hey, Congress, you forgot to enact this! Don't worry, we'll take care of it."
But liberals see the Supreme Court as their backup legislature, giving them all the laws Democrats can't pass themselves because they'd be voted out of office if they did.
Can't get Americans to approve of abortion? Get the Supreme Court to do it! Can't get Americans to ban the death penalty? Get the Supreme Court to do it! Can't get Americans to release criminals? Get the Supreme Court to do it!
Usually Democrats denounce the idea that they want an activist judiciary as a vicious, right-wing lie. But now they're complaining that the court's not activist enough -- and they need Kagan up there to "get some things done"!
Despite the herculean efforts of liberals to redefine "judicial activism" as "overturning laws," the two acts are completely unrelated.
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