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Old 05-10-2010, 06:17 PM   #21
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Unhappy Wow. Sad.

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"Gloria," I exclaimed, "you must be so proud!"

She nodded, unsmiling, and sighed in that stoic way that was now so familiar to me. "Yeah..." then a long silence..."but I really wish she were married."

Oh, Gloria, I thought, not you too! The first woman to be dean of Harvard Law School, and all you can say is you wish she were married! She just shrugged at my protests, and shuffled away with her mail.

....

When Gloria died a couple of years ago, I took the elevator down to her apartment where her family was receiving callers. In that awkward way of making conversation after a death, I told Elena how proud of her Gloria had been, how she'd posted the notice of her Harvard appointment in the lobby for the whole building to see. I withheld her mother's comment. But I wasn't fooling anybody. With an eye-roll and a tone so reminiscent of her mother, our newest nominee to the Supreme Court of the United States said dryly, "My mother only wanted me to get married."
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Old 05-10-2010, 06:23 PM   #22
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Yeah, but human too. NOw, if she IS gay, it really is sad. If not, just a mother wanting her daughter to have a husband. Ironic since the mother was sick and widowed. The belief that a partner will save you from living and dying alone clearly had not been proven true for her, but . . .

i am sure she just wanted happiness for her daughter. i hope.

i personally think that big-time strivers often lead very unbalanced lives. i am glad they exist. They bring good things into our lives. Obama seems to have it all. But it IS harder for women. And that's a fact.

One of my friends is a Dean of a college. She has an illustrious career by my standards, but her husband had to pretty much sacrifice his because they have children. They moved from state to state, and it's a major hassle to get your teaching credential accepted by other states. So the husband, a teacher, taught part time at community colleges and did all kinds of other jobs, but not classroom teaching. Right now he is a case worker at a children's mental hospital. This is a guy who was BORN to be a teacher of students with special needs. i sometimes think of all the kids he didn't help. BUT i also see the two wonderful kids he raised for the most part. So, i don't know.

Where Kagan is concerned, if she all shine, all about getting there, we will know soon. We will know if there is a person behind the gown, someone who has been working for the opportunity to make a difference. We'll see. i hope so. She clerked for Thurgood Marshall. One can hope she has a lot in common with him.

Anyway, i thought the article was kinda cute. Real. Again, unless she's a dyke, and then it's a whole nother tale to tell.
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Old 05-10-2010, 06:26 PM   #23
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Yeah, but human too. NOw, if she IS gay, it really is sad. If not, just a mother wanting her daughter to have a husband. Ironic since the mother was sick and widowed. The belief that a partner will save you from living and dying alone clearly had not been proven true for her, but . . .

i am sure she just wanted happiness for her daughter. i hope.

i personally think that big-time strivers often lead very unbalanced lives. i am glad they exist. They bring good things into our lives. Obama seems to have it all. But it IS harder for women. And that's a fact.

One of my friends is a Dean of a college. She has an illustrious career by my friends' standards, but her husband had to pretty much sacrifice his because they have children. They moved from state to state, and it's a major hassle to get your teaching credential accepted by other states. So my friend, a teacher, taught part time at community colleges and did all kinds of jobs. Right now he is a case worker at a children's mental hospital. This is a guy who was BORN to be a teacher of students with special needs. i sometimes think of all the kids he didn't help. BUT i also see the two wonderful kids he raised for the most part. So, i don't know.

i thought the article was kinda cute. Real. Again, unless she's a dyke, and then it's a whole nother tale to tell.
Hmm..I see it differently--lesbian or not.

What I find sad is that what was most important to her mother was NOT her daughter's amazing accomplishments, but that she hadn't fulfilled what she thought was necessary to be a true success--married.
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Old 05-10-2010, 06:30 PM   #24
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Hmm..I see it differently--lesbian or not.

What I find sad is that what was most important to her mother was NOT her daughter's amazing accomplishments, but that she hadn't fulfilled what she thought was necessary to be a true success--married.
I agree. It speaks volumes.
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Old 05-10-2010, 06:34 PM   #25
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i dunno. i am a feminist, but i think that putting career first, while a fine choice, is not something that should be celebrated as an absolutely noble act.

And i can understand how family members might feel a loss -- the loss of grandchildren, of time spent with the family, etc.

However, who knows?
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Old 05-10-2010, 07:08 PM   #26
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When even I'm thinking "would we have this conversation about a single man appointed to the bench", something is seriously wrong.
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Old 05-10-2010, 07:25 PM   #27
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The fact is that the culture is having this converstation. And i am too. People like her freak me the fuck out -- whether male or female.

She is the classic striver. Classic. So is Obama. i am glad they exist. They are good enough to manage to convince the banal and the conservative that they have a right to exist and to exist at the top. And we need them there. Some of them manage to have some kind of balance. i really hope Obama is one of them. Some of them are all about the trip to the top and have nothing to offer once they're there. If this woman is one of them, we will know within a year or two.

Most of them, male and female, whether married or single, have limited lives. i find that scary.

i do not celebrate that kind of ambition. i do not hold it up as a role model for young women. God help us if that's what we have to do to be successful and to make a difference. Fortunately, it's not.

Before the kind of media scrutiny and party polarization we have now, ordinary flawed qualified people could attain these heights. Now, not so much. Now if you don't toe the line almost your entire life, with your eyes on the prize, you are not gonna make it. i am amazed and happy that Obama did that. i will hopefully be glad that she has done it. i think it's weird human behavior though, and i am really sorry our culture seems to require it.
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Old 05-10-2010, 07:30 PM   #28
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When even I'm thinking "would we have this conversation about a single man appointed to the bench", something is seriously wrong.
Our talking about it is NOT the problem. The problem is that men can marry and have children and still pretty much devote their lives to their career. It's unusual for a woman to be in this position.

And my point is that it's fucked up for ANYBODY to do that, family or not. It's insane. You gotta have a scary lust for power to carry it off. Those people scare me shitless. Including Obama. But i like his politics, and it takes that kind of committment to succeed at those heights for an African American or a woman. It takes a lot of it for anybody to succeed at that level these days. But do i like or trust people like that? HELL NO. FUCK NO.
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Old 05-10-2010, 11:11 PM   #29
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My thoughts here go to the generational differences between mother & daughter.... and to the fact that many women do not have positive relationships with their mothers, especially around the these generational opinions of what constitutes fulfillment for women.

Like so many accomplished women in what remains a man's world (let's not lid ourselves), Kagan is driven and most likely had to make many decisions to get where she has been and is going that put aside things like marriage (same-sex or otherwise) or having children (as a partnered or single woman).

Hummmm.... speaking to balance (Martina brought this up).... her ability to hear other's opinions prior to making her own tells me she has good communication skills. Read or listen to some of her presentations to the Supreme Court. She also includes key points of understanding of what a justice stated prior to making her point back. I don't believe she is driven beyond being human... I think she actually took care of herself in building her career and not trying to be super woman. Unless you do have a supportive partner (one a whole hell of a lot of money) that does share with all of that has to get done in life, trying to do it all is not a healthy road for everyone in these kinds of professions. Then again, I tend to be pro-partnership/marriage- as long as it is one in which there is sharing of labor! Not everyone is.


Something that is bothering me is her record at Harvard in hiring so many non-POC in tenure-track positions. Then again, as the first female Dean, I'm sure she had her share of criticism and every single hire was scrutinized.

Personally, I’m glad she has not been on the bench. Guess that’s up for debate.

I am not thrilled with Kagan’s appointment overall, however. Too middle of the road for me. And she just doesn’t strike me as a champion of civil liberties, especially concerning detainees as in Gitmo. I feel like Obama played it safe, again….

Just have to study her more, I guess. Right now all of the initially criticisms are being spewed. Sounds like there are some issues about her ideas about the First Amendment.... Dunno...[/COLOR][/FONT]
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Old 05-11-2010, 05:37 AM   #30
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A Liberal Analysis of Elena Kagan
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Old 05-11-2010, 01:48 PM   #31
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Smile Elena Kegan


I am glad Ms. Kegan was appointed, and I do hope that she does bring about change. God knows we need it.
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Old 05-11-2010, 01:52 PM   #32
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Diane Wood would have been the better and bolder choice, especially since it has been predicted that Dems will lose the majority this November, so this was the opportune time. Not the time to play nice.

What little record there is available on Kegan does not make me jump up and down with joy, but who knows, she may surprise me.

When Bush jr. appointed Roberts and Alito he did not try to play nice, and with those two appointments he shaped the Conservative face of the Court that is today and will be for a long time.
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Old 05-11-2010, 03:32 PM   #33
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This guy says that criticizing her as careerist when Roberts' record was just the same is sexist. i would say the same about him. People who have planned and carried out a career trajectory from the bassonette make me nervous -- but whatever.

There is no info about her of any heft. We will have to wait and hope. i hate that government is like this. We can't KNOW what we are getting because to have a record means that you are too easy to tear down. It's an argument not to stand for anything. To wait and hold on until it's your opportunity. What kind of people does that create? Not my kind.

http://trueslant.com/jamellebouie/20...little-sexist/
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Old 05-11-2010, 03:43 PM   #34
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Here's some more of this "sexist" criticism. Sorry i agree


from http://www.theatlanticwire.com/opini...Careerist-3562

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A Brown-Noser?

David Brooks at The New York Times likens Kagan to other Ivy League "organization kids"--ladder-climbers who seldom challenge their superiors: "If they had any flaw, it was that they often had a professional and strategic attitude toward life. They were not intellectual risk-takers. They regarded professors as bosses to be pleased rather than authorities to be challenged... She seems to be smart, impressive and honest — and in her willingness to suppress so much of her mind for the sake of her career, kind of disturbing."'


Institution-Bound, Careerist, writes civil libertarian blogger Glenn Greenwald at Salon:

"It's anything but surprising that President Obama has chosen Elena Kagan to replace John Paul Stevens on the Supreme Court. Nothing is a better fit for this White House than a blank slate, institution-loyal, seemingly principle-free careerist who spent the last 15 months as the Obama administration's lawyer vigorously defending every one of his assertions of extremely broad executive authority."


Good at Advancing, but Where's the Scholarship? wonders Jonathan Zasloff:

"Consider that Kagan first got tenure at the University of Chicago based on two articles — which usually is what that notoriously overachieving faculty wants in one year from a junior professor. Then she got an academic chair at Harvard based on one more piece, Presidential Administration. She wrote nothing else for more than two years at Harvard. And then she was appointed Dean. This shows that Kagan may not be a great scholar, but she is enormously skilled at impressing older colleagues."

Not a Bold, Progressive Figure, writes liberal blogger Cenk Uygur at the Huffington Post:

"Elena Kagan - safe, no record, never challenged power in any meaningful way, never stood up for progressive ideology, beloved by the establishment in Washington - the perfect Obama candidate. I'm tired of it."


Remarkably Cautious, writes Tom Goldstein, publisher of SCOTUSblog.

He describes her as "extraordinarily-almost artistically-careful. I don’t know anyone who has had a conversation with her in which she expressed a personal conviction on a question of constitutional law in the past decade. Now, there are obviously an awful lot of people whom I do not know. But I have never talked to anyone who talked to anyone who had a conversation like that."
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Old 05-11-2010, 04:10 PM   #35
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Here's the whole David Brooks thing. i must say i am rarely a fan of Brooks. But i think he is on the money here --

http://www.nytimes.com/2010/05/11/opinion/11brooks.html
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Old 05-11-2010, 04:27 PM   #36
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This is from one of the comments made on Brooks' piece --

Quote:
One only needs to recall Ted Kennedy's hatchet job of Robert Bork in his 1987 Senate confirmation hearings for Associate Justice to see in Elena Kagan the logical evolution of one who refuses to be "borked". One can only conclude that by allowing Kennedy to get away with what he did for ideological gain, we created Elena Kagan -- we did it to ourselves. As you indirectly suggest, the true tragedy lies in the loss of the profound ideas that might have engaged us more effectively on the issues of the day if only she had been free to express them.
There is an episode of West Wing in which they nominate two justices at the same time. They are going to go safe, and they take a chance and nominate two brilliant jurists, one liberal and one conservative. The liberal is played by Glenn Close, and the conservative by William Fichtner. It's a great episode. Like so many West Wing episodes, it's wish fulfillment stuff. It will never happen. But god, do you want it to.

i watched it with the commentaries. And there's a scene with Toby and Josh just listening to these two argue law. They are like, is this the best thing EVER? The commentary said something like how often do two people like Toby and Josh even meet people who can run circles around them. The thing is that these characters -- the judges -- were not only bright, they took stands. They had real records. Before the compromise of appointing them both, neither stood a chance of getting a nomination.

And no one like that does. What truly committed person could live her whole life not speaking her truth? GIves me chills.

And to have gotten Dean of Harvard Law at that age with those limited creds just meant that she was a good administrator/ass kisser and that her superiors did recognize that she was going places and wanted to be part of it.

Well now she's in a place where she is totally free. There are no superiors to please. There is no place higher to go. There is no staff to administrate other than her clerks. Sure she has consensus building skills, but if she doesn't have a real commitment to SOMETHING, that's all going to just to kind balance out and count for nothing.

She has to have some serious chops if she is going to make a name for herself, which is something she clearly she cares about. She sure hasn't spent these years working on the ideas and practicing the intellectual and moral capabilities that would make her a great jurist. The good thing is she's just 50, and she has some time. i am praying for her because we need someone on that court.
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Old 05-12-2010, 06:45 PM   #37
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I don't know if the confirmation hearings will demonstrate much about Kagan as a jurist. This does go to the not wanting to[I] be borked[/I phenomenon. These hearings have become too politicized for any real substance to come through.

I just don't have much of a feeling for her at this time. Some of the progressive analysis I have viewed does make me wonder about her stance on presidential powers and the use of torture by the US. Concerning these, I always flash on Dick Cheny!

I was very jazzed about Sotomeyer even though I could not put her into a liberal/progressive stance really. Her record as a prosecutor was pretty moderate and even conservative. But, I had a sense of her as someone that stands up for things. Kagan feels wishy-washy to me.

Does anyone have an idea about her and same-sex marriage? Obama does not support it. But, I doubt if he would support a federal constitutional amendment stating that marriage can only be between a man and a woman. Any information about this would be appreciated.
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Old 05-12-2010, 07:37 PM   #38
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When even I'm thinking "would we have this conversation about a single man appointed to the bench", something is seriously wrong.
Similar: The speculation around the appointment of David Souter, a single man.

Dissimilar: The discussion of stance, and not the political one...Softball Photo
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Old 05-14-2010, 02:06 AM   #39
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TPM video about the softball pic [nomedia="http://www.youtube.com/watch?v=kSyOEnerVQc&feature=player_embedded"]YouTube- Cable News Wonders: If A Judicial Nominee Plays Softball, Does That Make Her Gay?[/nomedia]
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Old 05-14-2010, 04:41 PM   #40
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Simply for the hell of it, what are some of the attributes people see as important for a Supreme Court justice?

Sure, I have my own political stances, but I am thinking about things like temperament and character as well as what kind of class background someone has. I know I have a bias toward justices having some semblance to more working class experiences. Or, middle-class that reflects not being born into there being no doubt that one will have the opportunity for higher education, let alone being able to go to Ivy schools.

When I think of myself in terms of things like temperament- I would have to say that I would not vote to confirm me! I would not be able to look at constitutional matters without getting fired-up about certain things. So, when I try to appraise these nominees, I do think about this. And of course, I think about political ideologies. Then there is just one’s ability to think critically and apply abstract reasoning.

What say you all? Boot me in the butt, I don’t care, I want to view the hearings with some new stuff to think about.
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