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Posts Tagged ‘supreme court’

Elena Kagan Head of Ministry of Truth (Minitruth) Representing the Republic of Democratia

In African American Bloggers, African American Blogs, black blogger, black bloggers, Black Women Bloggers, civil rights, Congress, democrats, political corruption, politics, the supreme court on July 24, 2010 at 8:49 pm

As Elena Kagan made courtesy calls on United States Senators last week one wonders what the substance of the conversations she had with lawmakers particularly democratic lawmakers was.  Was it what’s your issue, let me know and if you give me your vote, I’ll make sure I vote for it.  What is particularly disturbing about the nomination of Elena Kagan to the Supreme Court is that it is a given that she has no intention of interpreting the laws as a duty set out by the U.S. Constitution.  Elena Kagan, if confirmed will be there to rubbber stamp a clearly partisan agenda.  One would hope that a supreme court justice would be gray in their outlook, and be able to dig into the tome of the constitution and render a decision; but something everyone probably agrees upon to themselves or publicly is it is probably extremely doubtful that Kagan will be capable of interpreting anything unless it is in concurrence with her preconceived ideas or agenda.

The failure to take ideas and follow directions was never so illustrated as with Elena Kagan and the Solomon Amendment and her refusal to allow military  recruitment on Harvard’s campus because of the U.S. Governments don’t ask don’t tell policy.  The Solomon amendment   required schools that receive federal funding to grant military recruiters “most favorable access” to their students or risk losing federal funds.  Kagan citing don’t ask don’t tell barred military recruiters from Harvard Career recruitment offices saying the don’t ask don’t tell policy came into conflict with Harvard’s own policy that said organizations that discriminated against gays could not recruit on campus.  Kagan conveniently forgot that in a federal emergency the US government protects Harvard from all sorts of maladies diseases, terrorism, whatever the Government would be there and she most conveniently forgot that the Federal government gives Harvard university 300,000,000  dollars a year in federal funding.  However despite the Solomon amendment and at the risk of losing 300 million dollars for her university Kagan barred the military from campus and had her decision overturned.  It does not take an education over the first grade to understand Elena Kagan has no intention of interpreting anything and could not even interpret a simple law when 300 million dollars was at risk for her college campus.

“delicate pieces of forgery in which you had nothing to guide you except your knowledge of the principles of ingsoc and your estimate of what the party wanted you to say.” –George Orwell 1984

While the Kagan’s refusal to abide by the Solomon amendment is an example of Kagans inability to interpret a law that put 300 million dollars of government money at risk for her university for her liberal bias as discussed above, the inappropriate interpretation of a law is by no means criminal.  However the Orwellian manipulation of information for the sake of her democratic party gets Kagan crowned the secretary of Orwell’s 1984’s Ministry of Truth who’s main purpose in the book was the falsification and manipulation of data.  Kagan leaned on two medical organizations with the full weight of the President of the United State’s office at the time to replace their wording with her wording as it regarded medical information for citizens of the United States. There are some blind individuals who call themselves democrats who want to argue that the individuals decimating this information  about Elena Kagan are antiabortionists with a grudge.  The honest truth is that after the full weight of Kagan’s and the Clinton administrations actions sinks in with the American People it will be pretty hard for any thinking citizen to believe a word that is issued from government assertions and/or Medical Organizations.  It will be hard for the National Institute of Health to issue a H1N1 warning because Kagan and the actions of the Clinton administration have violated the public trust.  While Kagan argues in her confirmation hearing that, hey little oh me can’t get the GRANDE doctors to change their minds about policy issues and that they made their own decisions. One of her memos tells a vastly different story and that the full weight of the presidential office (Appoints the FBI and CIA directors, HEAD OF THE MILITARY, in charge of Grant Money that funds major research etc.) was launched against ACOG to have the policy changed, The memo states,

“For many months, the folks at ACOG had been unwilling to speak with us about the medical issues surrounding the partial birth ban, but Marilyn Yeager convinced them to do so.”

The President of the United States office had not been calling ACOG  for hours, for days, for weeks, but for months to get them to change a medical policy and assertion that ACOG felt was the best policy statement representing the American people.  The original statement ACOG issued was as follows:

“a select panel convened by ACOG could identify no circumstances under which an intact dilation and extraction would be the only option to save the life or preserve the health of the- woman.”

by the time Elena Kagan finished leaning on ACOG with the  Full Power of the President of the United States she was allowed to write and amend the above  statement to read the following:

“An intact D&X, however, may be the best or most appropriate procedure in a particular circumstance to save the life or preserve the health of a woman, and a doctor should be allowed to make this determination.”

If one has any doubt as to Elena Kagan’s knowledge that this statement was a fallacious  and misleading amendment of the original statement, the following quote from a Kagan memo should let shed light on the fact that Kagan was aware that partial birth abortions just were not done.

“I will spare you all the medical details here. Suffice it to say that we went through every  circumstance imaginable — post- and pre-viability, assuming malformed fetuses, assuming other medical conditions, etc., etc.– and there just aren’t many where use of the partial-birth abortion is the least risky, let alone the “necessary,” approach. No one should worry about being able to drive a truck through the President’s proposed exception; the real issue is whether anything at all can get through it.”

The text in red clearly implies that substantively Kagan knew that as far as ACOG was concerned partial birth abortions were not necessary and she deliberately changed the language for the ideology of the democratic party.  As a United States citizen I would hope that every appointed and elected official feels allegiance to the flag and the constitution of the United States and not to a political party or ideology.  Kagan clearly does not possess the allegiance to the United States and her dogmatism concerning the democratic party is scary.

Finally, as an African American living in the United States I find the comparison that Elena Kagan carries the legacy of Thurgood Marshall extremely offensive.  It appears to me that she and her whole generation are looking to be bigger badder and mightier than they civil rights leaders of the fifties and the sixties.  I have never heard any examples of Thurgood Marshall falsifying and altering documents and I think I never will.  Thurgood Marshall is most famous for the case Brown vs. Board of education which earned him a place on the supreme court.  It was not given because he knew how to lick.

If Kegan is confirmed it will send a terrible message of Partisanship and our nation should be afraid that one party for the sake of a party can not see right from wrong.




This was clear intimidation and the abuse of Public office.  This is not a Kagan issue at this point this is an office of the president issue by which all involved including Kagan should be investigated for intimidating and altering the statement of a medical body.

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this is not an abortion issue it is an honesty and ethics issue a supreme court  without a conscious is bound to sink the court into decisions that future generations will find untenable as well as perplexing that such individuals made it to the supreme court, it will further be a blaring blight to future generations because Kagan is one of the first waves of women on the court.

1. Kagans Failure to realize her role as an attorney, ethical human being and an advisor rather than as a get it done partisan politico is extremely disturbing and definitely indicates that she is incapable of interpreting the law objectively.

2. Kagans actions as well as the Clinton administration’s use of the office of President to intimidate and lean on a medical organization to alter facts and the meaning of a policy is criminal whether its ever prosecuted.  Medical advice and knowledge can not be spread by political will or desire.  In light of the technological age we are entering it

3.  is extremely troubling that someone with the political nature of Elena Kegan will sit on the court and rule on cases that are health care and body related and can be extremely divisive.

4. Extremely insulting to me as an African American that certain politicians are saying that Elena Kagan Carries on the legacy of Thurgood Marshall.  Whatever Marshall’s persoanl life was about and he admittedly in his authorized biography never claims to be particularly moral,  his professional life involved the representation of God Fearing moral individuals who aspired to take a moral high ground.  Thurgood Marshall was a civil rights attorney, there were no medical edicts on race,

References:

Slate: When Kegan Played Doctor

Elena Kagans Partial Birth Abortion Memo

Kegan Memo 1of2

National Review:  Kagans Abortion Distortion

Everett Koop An Open Letter to the American People

Pro-Life Group Calls for Senate Investigation of ‘Discrepancy’ in Kagan Testimony

AUL Report on Elena Kagan

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Obama’s Possible African American Female Supreme Court Nominees

In African American Bloggers, African American Blogs, african american twitters, black blogger, black bloggers, black twitters, Black Women Bloggers, civil rights, politics, the supreme court on May 9, 2009 at 1:28 pm

African American women have been part of the American Landscape since the founding of our country and probably before.  In 1776 the year the declaration of independence was written Phyllis Wheatley wrote the following to George Washington:

To His Excellency
George Washington

Sir,
I have taken the freedom to address your Excellency in the enclosed poem, and entreat your acceptance, though I am not insensible of its inaccuracies. Your being appointed by the Grand Continental Congress to be Generalissimo of the armies of North America, together with the fame of your virtues, excite sensations not easy to suppress. Your generosity, therefore, I presume, will pardon the attempt. Wishing your Excellency all possible success in the great cause you are so generously engaged in. I am,

Your Excellency’s most obedient humble servant,
Phillis Wheatley
1776


George Washington Wrote back the following:


George Washington’s Reply

Cambridge, February 28, 1776.

Miss Phillis,
Your favour of the 26th of October did not reach my hands ’till the middle of December. Time enough, you will say, to have given an answer ere this. Granted. But a variety of important occurrences, continually interposing to distract the mind and withdraw the attention, I hope will apologize for the delay, and plead my excuse for the seeming, but not real neglect.

I thank you most sincerely for your polite notice of me, in the elegant Lines you enclosed; and however undeserving I may be of such encomium and panegyrick, the style and manner exhibit a striking proof of your great poetical Talents. In honour of which, and as a tribute justly due to you, I would have published the Poem, had I not been apprehensive, that, while I only meant to give the World this new instance of your genius, I might have incurred the imputation of Vanity. This and nothing else, determined me not to give it place in the public Prints.

If you should ever come to Cambridge, or near Head Quarters, I shall be happy to see a person so favoured by the Muses, and to whom Nature has been so liberal and beneficent in her dispensations.

I am, with great Respect, etc.


African American women have been nursemaids, housekeepers, teachers, companions, and concubines to slaveowners and their families since the founding of the United States and when some men and women became fed up with the peculiar institution of slavery an African American woman by the name of  Harriet Tubman led the wanting and the willing to freedom.

In the year of 2009 it seems strange that with the women’s movement, the immigrant migration, the gay movement, the abortion activists and all other special interests groups that no one is seriously writing about a black justice to the supreme court.  Black women are being asked to go the back of the line behind the supplemental interests groups.  The same black women who some depend on for their votes are being asked to not only go to the back of the line but to not even attempt to get in the line.  Personally I do not know what President Obama thinks of the issue.  I do know that this is the first time in sixteen years that a black women has not held a presidential cabinet position which considering that black woman are one of the interests groups that determine a presidential election this is disgraceful.

I do not know what Mr. Obama thinks about at night or even how he thinks of black women.  I know that after a dog incident with my neighbors who were an interracial couple the black man of the couple preceded to call me epithets that you could not even imagine whore, bitch, you get the picture and then as my family listened a little closer we heard the white woman of the couple telling him what to say to me.  What was so contradictory is he probably believed these words because one morning as I walked my daughter to her 5:30 am bus one day he propositioned me for sex and my son witnessed this from his bedroom window as it happened. As the relationship progressed between our neighbor and this family it ended with the white woman sending her five daughters over to our house daily for us to watch prior to their moving I felt like an aunt Jemima nursemaid.  I do not know what messages they sent to their children about black women.  Since Obama is a product of a white woman and a black man and raised by a white woman, his grandmother who he openly admits was afraid of black men one wonders what messages his parents and grandparents sent to him about black women.  The messages he perceived and received were definitely different than those of the last democratic President Bill Clinton who appointed black women to his cabinet or those of the last President George Bush who did diversity well and gave a black woman the position of Secretary of State and still managed to satisfy all of the various ethnic groups jockeying for a voice.  It’s sad to say but our first African American President seems to prefer white women and white men as his power team and this is just not what the U.S. has  been about in the last sixteen years.  The Obama administration looks like a post Bush Republican Administration all White and though his color is black its pretty obvious he identifies himself as white.

So while I can not read President Obama’s mind I can read his actions towards black women supported by the media hype and illusion.  There are articles written about the Obama black women when the honest truth is their is not one single black women in the Obama cabinet.  It is also pretty ironic that a black woman former appointed labor Secretary under Bill Clinton manuevered and hee hawed to deprive Hillary Clinton out of votes just so a black man could become president and women of  Herman’s race are repaid with not one appointment to the Obama cabinet.  This is pretty peculiar.

At this point black women and others who love black women  are praying and hoping for a black female supreme court nominee.  At times people are so fond of saying that there are no qualified black women for various things this is why we are relegated to various professions or some can’t even grow but I’m here to tell you there are some amazing black jurists out there who are qualified to be supreme court justices.

Leah Ward Sears –  She is first on the list because she possess the requisite youth.  She also has the depth and the breadth to be a supreme court justice based on her administrative experience.  Her biography is as follows from wikipedia:

Sears2

Leah Ward Sears

(born June 13, 1955) is Chief Justice of the Supreme Court of the U.S. state of Georgia. She is also Chair of the Judicial Council of Georgia, the $200 million agency in charge of the state judicial system. When sworn in on June 28, 2005, Sears became the first African-American female Chief Justice in the United States. When she was first appointed as justice in 1992 by then Governor Zell Miller, she became the first woman and youngest person to sit on the Supreme Court of Georgia.

Judith Rogers

Judith Rogers is right in the mix but she’s in her seventies.  I have heard that Presidents look for nominees in their fifties so they can have possibly thirty years of judicial sway.  While her age may not be a deterrent to Obama if it’s not she is definitely the jurists most familiar with isssues before the high court and issues that the United  States is currently facing.  She has ruled on issues on  GITMO and disabilities that have had far reaching consequences and effects.  Judith Rogers also holds the seat vacated by Clarence Thomas upon his nomination to the Supreme Court.

f5-rogers

Here is her biography taken fromt the court of appeals website: Judge Rogers was appointed to the United States Court of Appeals in March 1994. She had previously served on the District of Columbia Court of Appeals since 1983, becoming Chief Judge in 1988. Following her graduation from Radcliffe College and Harvard Law School, she served as an Assistant United States Attorney in the District of Columbia and subsequently at the Justice Department in the Deputy Attorney General’s Office and the Criminal Division. Then, after serving as General Counsel to the congressional commission on the organization of the District of Columbia, she worked for the Mayor of the District of Columbia on congressional and local legislation. She became the Corporation Counsel for the District of Columbia in 1979 and served until her appointment to the bench in 1983. In 1988, Judge Rogers received a Master of Laws degree from the University of Virginia Law School.

Margaret A. Burnham

In 1993, President Nelson Mandela appointed Ms. Burnham to serve on an international human rights commission to investigate alleged human rights violations within the African National Congress.  Conf. Wrongful Convictions a call to action She established theCivil Rights and  Restorative Justice project at Northeeastern University which examines the failure of law enforcement and other governement agencies refusal or inability to enforce the law during the civil right movement. The partial biography is a s follows and can be found at the Conference on Wrongful convictions site

Northeastern University School of Law Faculty and Students in Cl
Ms. Burnham’s practice is limited to civil rights and employment litigation. She has served on several professional boards including the Council of the Boston Bar association, the Committee for Public Counsel Services and the Massachusetts Bar Association’s Individual Rights & Responsibility Committee.

A former fellow of the Bunting Institute at Racliffe College and Harvard University’s W.E.B. DuBois Institute for Afro-American Studies, Ms. Burnham has written extensively on contemporary legal and political issues, including human rights, criminal justice, race and the law. She is currently a lecturer in the Political Science Department of MIT.

Patricia J. Williams

Biography taken from Columbia University Falculty Profile

B.A., Wellesley, 1972; J.D., Harvard, 1975. Practiced as deputy city attorney, Office of the Los Angeles City Attorney; and as staff lawyer, Western Center on Law and Poverty. Has served on the faculties of the University of Wisconsin School of Law, City University of New York Law School, and Golden Gate University School of Law. Has been at Columbia since 1991. Fellow, at the School of Criticism and Theory, Dartmouth College, and at the Center for Advanced Study in the Behavioral Sciences.

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Has published widely in the areas of race, gender, and law, and on other issues of legal theory and legal writing. Books include The Alchemy of Race and Rights; The Rooster’s Egg; and Seeing a ColorBlind Future: The Paradox of Race. Columnist, The Nation. MacArthur fellow. Board of Trustees, Wellesley College.

Kimberle W. Crenshaw

Kimberlé Crenshaw teaches Civil Rights and other courses in critical race studies and constitutional law. Her primary scholarly interests center around race and the law, and she was a founder and has been a leader in the intellectual movement called Critical Race Theory. She was elected Professor of the Year by the 1991 and 1994 graduating classes. She now splits her time each year between UCLA and the Columbia School of Law.

kimberle_crenshaw

At the University of Wisconsin Law School, where she received her LL.M., Professor Crenshaw was a William H. Hastie Fellow. She then clerked for Justice Shirley Abrahamson of the Wisconsin Supreme Court.

Professor Crenshaw’s publications include Critical Race Theory (edited by Crenshaw, et al., 1995) and Words that Wound: Critical Race Theory, Assaultive Speech and the First Amendment (with Matsuda, et al., 1993).

In 2007, Professor Crenshaw was nominated the Fulbright Chair for Latin America in Brazil.  In 2008, she was nominated an Alphonse Fletcher Fellow.  In the same year she joined the selective group of scholars awarded with an in-residence fellowship at the Center of Advanced Behavioral Studies at Stanford.

Virginia Ban on Partial Birth Abortion Part 2, Reuters Offers a different Perspective

In Uncategorized on May 20, 2008 at 7:58 pm

According to Reuters the Virginia Ban on abortion still makes the procedure known as extraction and dilation illegal which is the procedure where the baby is delivered vaginally and then killed.  This is still illegal in Virginia. Reuters is stating that the law is designed to enable a women to still have an abortion during the second trimester without penalizing the woman having the abortion and the doctor giving it.  In addition reuters is emphasizing the word procedure and implying that the supreme court decision banning partial birth abortion did not exactly apply to the third trimester but applied to the procedure of extraction and dilation.  Personally there is serious word play going on in this decision.  A doctor could give a woman medicine that will kill the fetus inside of her, then it will be dead and then it can be extracted.  The Reuters reporter is obviously engaging in serious word play that the 4th circuit must have agreed to.  In other words the 4th circuit is saying if you can kill a fetus in any other way besides delivering it or make it dead before it comes out of the womb then  even the ninth month of delivery  can be legally aborted.  This is my take on the issue.