Bench Memos

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Mainstream Media Confirms Kagan will Rubber-Stamp Obamacare


It’s worth repeating that, if confirmed, Kagan would rubber-stamp Obamacare and other elements of the Obama/Pelosi/Reid big-government agenda. But you don’t have to take my word for it — look at what she said and how journalists have reported it.

1.  The New York Times reported in its story on her selection that “as he presses an ambitious agenda expanding the reach of government, Mr. Obama has come to worry that a conservative Supreme Court could become an obstacle down the road, aides said. It is conceivable that the Roberts court could eventually hear challenges to aspects of Mr. Obama’s health care program or to other policies like restrictions on carbon emissions and counterterrorism practices.”

2.  When it came time for her hearings, Kagan proved she was on board with the White House plan. In her opening statement, she promised to “respect the choices made by the American people” through Congress and to be “properly deferential to the decisions of the American people and their elected representatives.” “Defer,” in case it wasn’t clear, is code for “rubber-stamp.”

3.  She made these same points when answering questions from senators. During the famed “three fruits and vegetables” exchange with Senator Coburn, she said that the Constitution gives “real deference to Congress about the scope of” the Commerce Clause. Everyone knew the hypothetical was a proxy for the underlying issue: whether Obamacare and other big-government legislation is constitutional. Politico’s courts reporter, Josh Gerstein, wrote of the Q&A, “Kagan’s noncommittal answer seemed to suggest that Congress had carte blanche to create a nanny state that would regulate Americans’ day-to-day lives.”

4.  Reviewing this and other responses from across the three-day hearings, the Times reports, “Ms. Kagan repeatedly said she would show ‘great deference to Congress.’”

5.  According to the L.A. Times, “Her mission is to help uphold the laws that Obama and Democrats are pushing through Congress.”

 – Gary Marx is executive director of the Judicial Crisis Network.


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