UNDER THE RADAR – AT 8:43 A.M. ET:  We sometimes forget that the nomination of ultra-liberal Elena Kagan to the U.S. Supreme Court is in progress.  She will clear the Senate Judiciary Committee within about a week.  And then the full Senate will probably confirm her.

As usual, the Republican opposition is lazy and disorganized.  There are serious questions about Kagan, but they were hardly raised during her confirmation hearings.  Now, though, one GOP senator, showing a heartbeat, is threatening to escalate the fight:

Sen. Jeff Sessions (R-Ala.) told HUMAN EVENTS that he would not rule out filibustering Elena Kagan's nomination to the Supreme Court. In an exclusive interview, the ranking Republican on the Senate Judiciary Committee said that a "filibuster is not off the table," but cautioned that such a procedural tactic would only be employed under "extraordinary circumstances." Asked if Kagan's penchant for judicial and political activism hit the benchmark of "extraordinary circumstances," Sessions wouldn't commit, but noted how Kagan did not "help herself in her testimony."

No, she didn't, and I suspect that some of her testimony was dishonest.  When she solemnly said that the recent Court decision overturning Chicago's draconian gun-control law was settled precedent, I almost fell off the chair laughing.  You can be sure that she, like Sotomayor, was told not to antagonize the Second Amendment fans.  Sotomayor said something very similar when she was up for confirmation, then reversed herself as soon as she could.  Kagan will do the same.

If confirmed, Sessions said that Kagan could very well be one of five judges "who can actually redefine the meaning of those words [the Constitution] that protect our liberties."

"Frankly, I don't think she assuaged our concerns at the [confirmation] hearing."

COMMENT:  Good for Senator Sessions.  Kagan comes from my old neighborhood.  I know just the mentality there.  I don't want it on the Court.

July 16, 2010