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Sestak and Specter sound different notes on SCOTUS pick
After President Obama nominated Solicitor General Elena Kagan to the Supreme Court Monday, the Democratic Senate candidates sang notably different tunes in response.
Congressman Joe Sestak (D-7) quickly praised the nomination. Senator Arlen Specter was non-committal, after voting against Kagan’s confirmation as solicitor general last year while he was still a Republican. Sestak used his statement to remind anyone who had forgotten about that vote.
“I applaud President Obama’s selection of Elena Kagan to serve as our next Supreme Court Justice. The President’s background as a Constitutional law professor served him well in selecting Justice Sotomayor, and I believe it has again in this case. “Ms. Kagan’s qualifications as both a respected legal mind who rose to be Dean of Harvard Law School and a key domestic policy adviser for President Bill Clinton, who helped formulate and implement policies in areas including education, crime and public health, will allow her to bring a breadth of experience to the bench.
“My opponent, Senator Specter, has already made his views about the President’s nominee clear by voting against her confirmation to be Solicitor General, even as seven of his fellow Republicans approved her nomination,” Sestak added. “I expect Senator Specter may backtrack from his earlier vote on Ms. Kagan this week in order to help himself in the upcoming primary election, but the people of Pennsylvania have no way of knowing where he will stand after May 18.”
In his statement, Specter noted that the job of solicitor general and Supreme Court jurist are different—opening the possibility that he may vote differently this time around.
“There is no doubt that Elena Kagan has exemplary academic and professional credentials,” Specter said. “And she has been a pioneer for women, serving as the country’s first female Solicitor General and as the first woman to be Dean of Harvard Law School. I applaud the President for nominating someone who has a varied and diverse background outside the circuit court of appeals.
“I voted against her for Solicitor General because she wouldn’t answer basic questions about her standards for handling that job,” Specter added. “It is a distinctly different position than that of a Supreme Court Justice. I have an open mind about her nomination and hope she will address important questions related to her position on matters such as executive power, warrantless wiretapping, a woman’s right to choose, voting rights and congressional power.”
May 10, 2010 at 1:03 pm
Tags: Arlen Specter, Elena Kagan, Joe Sestak, SCOTUS













David Diano
May 10th, 2010
Does Sestak support Kagan’s positions FOR indefinite detentions without trial and the expansion of battlefield law toward unchecked executive power?
Sestak failed to stand up to Bush and Cheney on issues of accountability. It’s no surprise he would like a pick who favored more executive power.
I hope that Specter will get clarification from Kagan on the important civil right issues surrounding detention and imprisonment without trial.
PJ
May 10th, 2010
another specter flip-flop coming in 3…2…1… and it’s laughable to state that sestak failed to stand up to bush, cheney, et al. WHEN AT LEAST SESTAK WAS IN THE OPPOSITION! specter couldn’t get enough love from bush/cheney/rove/santorum in 2004! “i switched parties because i have a better chance to win” says it all about this scumbag specter. ABS
phensley
May 10th, 2010
Interesting. Specter appears to be pursuing a kind of strategic ambiguity regarding Kagan: Clearing the way for an eventual flip-flop vote in favor of confirmation, while at the same time framing his opposition in terms compatible with the civil-libertarian critique of her.
Arlen is in something of a bind here; but with one week left in the campaign a relatively arcane issue such as this may not make much difference either way. He could choose to oppose the nomination from the left in a gambit to regain control of the campaign, but I doubt he’d risk creating any perceived distance between himself and the President whose support(ers) he needs. I doubt Specter will make a firm statement of either support or opposition before the primary. Once he loses (and he will) I frankly have no idea how he will vote on this issue, or any other for that matter.
flynnbw
May 10th, 2010
It doesn’t seem to be as much of a left-right issue as it is a procedural/institutional one.
Sen. Specter has always been a zealous guardian of the prerogatives of the Senate. He was wary of her views on executive power and didn’t like the fact that she wasn’t answering questions.
It will be interesting to see how much she actually opens up when it comes to her testimony, especially seeing as she has gone on record as saying that potential Justices should reveal more of her views on legal issues.
David Diano
May 10th, 2010
Leave it to the Sestak campaign to politicize a Supreme Court nomination. How is Joe “changing the tone” in Washington?
Joe Sestak: just another politician.
Bruce Bailey
May 10th, 2010
I’m shocked, shocked to find that politics is being played with a Supreme Court nomination!
Someone alert Captain Renault. We need to close that place down at once!
rob
May 10th, 2010
The notion that different job requirements could cause Specter to vote to confirm Kagan as a Supreme Court justice, even though he voted against her as solicitor general is so absurd as to be laughable. If anything, confirmation as Supreme Court justice, a lifetime appointment with Article III independence, should require a higher, not lesser, standard. Solicitors General are not independent and serve at the pleasure of the President. Specter’s implicit suggestion betrays the same extreme intellectual dishonesty he exhibited in voting to confirm the lesser qualified and more extreme Clarence Thomas, after having voted against the better qualified and less extreme (but still extreme) Robert Bork
That Specter could have voted against an exceptionally well-qualified nominee like Elana Kagan to be solicitor general, in order to gain right-wing favor, should tell any thinking person all they need to know about Arlen Specter. He is an unprincipled hack.
Lee Levan
May 10th, 2010
Bruce Bailey
“I’m shocked, shocked to find that politics is being played with a Supreme Court nomination!
Someone alert Captain Renault. We need to close that place down at once!”
Personally, Bruce, I believe that Inspector Clouseau is the man for the job.
David Diano
May 10th, 2010
PJ-
Actually, it’s worse for Sestak. He promised to oppose them during his campaign, then once he got “in the opposition”, he helped out Bush/Cheney on a host of key issues.
Don’t think for a second that Sestak didn’t switch/pick parties to “get elected”. When Joe switched, his family switched with him.
Bruce-
I was making fun of Sestak’s hypocrisy about changing how politics is done.
Rob-
Bork was far more extreme that Thomas. If you don’t get that, then no one will take you seriously (in addition to the fact that you won’t post under your full name).
Based on her testimony regarding detentions, I don’t think Kagan is qualified for EITHER position. She’s one of Obama’s rare “bad-picks”.
No,Joe,No
May 11th, 2010
The facts-Sestak really is “Just Another Politician”-We don’t know much of his record-He lives out of State–He changed party to run for office. Having been an Admiral, he has been in “Politics” all of his working life.
rplinpa
May 11th, 2010
Diano,
Same song, different dance from you. Had Sestak left this alone you would have talked about the missed opportunity and how terrible and inept the campaign is. Instead now you are appalled that he would “politicize” this. You are a silly man. Good thing you only have 2 sides to your mouth.
Jim F.
May 11th, 2010
You got it rplinpa! Diano has been exposed as a political shill for Specter and as having a personal axe to grind with Sestak a long time ago. He is on every board commenting and his arguement lost steam a long time ago. He exposed himself and now serious oberservers of the political process just ignore his comments.
lbj
May 11th, 2010
Diano-
You’re so hellbent on criticizing Sestak out of personal spite that your arguments are paper thin at best and, quite frankly, most of the time, laughable.
Just last week some of us pointed out to you that there’s no reason to think Specter would do better against Toomey than Sestak. You casually dismissed those arguments out of hand. Maybe you should have a look at the latest Rasmussen poll (link below). Let me know your preferred address and I’d be happy to send some crow your way.
http://www.rasmussenreports.com/public_content/politics/elections2/election_2010/election_2010_senate_elections/pennsylvania/2010_senate_election/election_2010_pennsylvania_senate
David Diano
May 11th, 2010
I guess none of you caught the Rachael Maddow show last night with guest Glenn Greenwald and the case against Kagan
http://www.msnbc.msn.com/id/21134540/vp/37074824#37074824
Here is his piece from April:
http://www.salon.com/news/opinion/glenn_greenwald/2010/04/13/kagan
and here is his follow up piece from a few days go:
http://www.salon.com/news/opinion/glenn_greenwald/2010/05/08/kagan
lbj-
I don’t put any stock in the Rasmussen poll. It’s a GOP poll and has been consistently off from the other polls this past year.
They conducted their recent polls on May 6th. They contacted only 408 LV for the Specter-Sestak race that is coming up next week, but used 1000 people for polling the November match-up six months from now. That seems kind of odd to me when the primary is more immediately relevant.
Jim F.-
I guess in your mind that every prominent Democrat in the state, and 77% of the state committee, and the majority of the county committee people are all shills too.
Obama has 59 Senators. He’s probably never going to have more than that. He should be picking a strong liberal to balance out Scalia and correct the tilt of the court. Kagan feels like a short-sighted concession to the GOP.
David Diano
May 11th, 2010
From the NY Times:
http://www.nytimes.com/2010/05/11/us/politics/11nominees.html
The selection of Solicitor General Elena Kagan to be the nation’s 112th justice extends a quarter-century pattern in which Republican presidents generally install strong conservatives on the Supreme Court while Democratic presidents pick candidates who often disappoint their liberal base….
But much like every other Democratic nominee since the 1960s, she does not fit the profile sought by the left, which hungers for a full-throated counterweight to the court’s conservative leader, Justice Antonin Scalia…
no Democratic nominee since Thurgood Marshall in 1967 has been the sort of outspoken liberal champion that the left craves, while Justice Scalia has been joined by three other solid conservatives in Chief Justice John G. Roberts Jr. and Justices Clarence Thomas and Samuel A. Alito Jr. By all accounts, Mr. Obama did not even consider the candidates favored most by the left, like Harold Hongju Koh, his State Department legal adviser, or Pamela S. Karlan, a Stanford Law School professor…
Ms. Kagan addressed the point herself 15 years ago in the University of Chicago Law Review: “Herein lies one of the mysteries of modern confirmation politics: given that the Republican Party has an ambitious judicial agenda and the Democratic Party has next to none, why is the former labeled the party of judicial restraint and the latter the party of judicial activism?”
matt from UD
May 11th, 2010
No Joe no- What state does Joe live in? Where did you come up with that one? Do you have any quack evidence to support your quack claim? Did you find his quack Kenyan Birth Certificate quack? Quick back away from your computer and put the tinfoil back on your head! And who isn’t just another politician- Arlen Specter? You have to put that pipe down before the glass gets too hot and burns your fingers…
Dave- Why are you so quick to defend Arlen, he didn’t use your program either. All you do is blog about Sestak, even on stories that aren’t about Sestak. Its like your life mission, its kind of sad.
Jim F.
May 11th, 2010
Diano….didn’t even read your post…your irrelavant dude..people are on to you…get over it!
David Diano
May 12th, 2010
Matt-
Maybe “No Joe No” is referring to Sestak’s home in Virginia he’s had for about 12 years. Maybe he heard that in 2006, Joe had to re-register his car with PA plates and take off his Virginia plates. Maybe he heard that Sestak’s wife and kid are in Virginia where the wife works and the kid goes to school. Maybe he knows that Sestak’s wife dropped her PA registration over 3 years ago. (I’ll know in a few days if she re-registered for this election.) Maybe he heard that Joe’s brother is the one living in the Edgmont house.
Hard to say how many different reasons “No Joe No” may have for his statements.
I’m not a “fan” of Arlen’s. But I do feel that he took a real vote of courage to vote for Obama’s stimulus plan and get Collins and Snowe on board. It was political suicide within the GOP, and it saved us from another Great Depression. I also learned about more of his “good votes” than I knew before: stem cells, minimum wage, hate crimes bill, etc.
Did he fold under GOP pressure sometimes? No question. Has Sestak folded to GOP pressure, despite the backing of the Dem majority? No question. Joe can’t be trusted. Arlen is Arlen, and he’s going to be a damn sight better without the GOP pressure.
Besides, if Arlen beats Toomey, every right-winger from Santorum to Rove to Hannity might have a stroke.
Jim-
Add “Off” after your last initial.
George Brendt
May 13th, 2010
I wonder if Sestak has actually ever paid PA state taxes. He lives in Virginia, pays property taxes down there, so as a renter (as he was in Springfield in 2006), he wouldn’t even have those in escrow.
I recall the last PA politician who played games like this was Rick Santorum. In near time, Sestak will join this other illustrious underachiever in the wilds of PA has-beens and leave the governing to the people who actually have the people’s best interests at heart.