July 01, 2010

Kagan's Lying Her Pearls Off

From "The Kagan Hearings" at Human Events. Five areas where Kagan has told outright lies.
Property Rights

If you want to hear a bizarre response to a legal question, listen to Kagans response to Senator Grassleys question on Kelo, the case that essentially decided that party As property can be given to party B if party B can generate more tax revenue from the property. Grassley asked if she agreed with Kelo.

Kagans answer: the goal of Kelo was to kick it back to the states. She then said that the states had taken actions to prevent Kelo-type situations from occurring.

This is nonsense. It is equivalent to arguing that Plessy v. Ferguson was an attempt to kick it back to the states, forcing them to pass laws barring segregation, rather than an obviously horrible decision legalizing segregation under the Fourteenth Amendment. The purpose of Supreme Court decisions is to set the state of the law. It is not to incentivize states to do anything. We can only imagine that Kagan will attempt to use this same justification in the future for all her bad decisions (I was only attempting to incenvitize states to do X!).

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