This week, for the second time since taking office, Lafayette and the Nation will be watching as President Obama’s pick for  Supreme Court Justice begins the Senate hearing process. A week long venture down the road of hard questions, softball offerings and a seemingly endless stream of ambiguous non-responses, typically based on “may come before the court, so I can’t really say” items. 
     In other words, another exercise in futility, in which the status and conscience of our Supreme Court, the last bastion of a citizens protection from Government and all forms of tyranny,  in accordance to our Constitution, becomes nothing more the a politicized,  “shoot in the dark and hope we hit the target enterprise”.

     The President’s latest submission for placement within the highest court in the land is , Elena Kagan,  the 50-year-old former Harvard Law School dean and Clinton administration aide, who has recently held the position of Solicitor General for the Obama administration.
     Many question whether such a policy adviser, use to driving a political agenda for the President she served, could separate from this proclivity and be the fair and impartial Judge that such a post as Supreme Court Justice would mandate.
     Kagan, having no experience as a judge, has however clerked for Former Justice Thurgood Marshall, who she calls her “Hero”.  Justice Thurgood Marshall, who himself, had spoken and written many times on the need for “empathy” when adjudicating from the highest bench in this land.
     She herself, has even written despairingly of the Senate Confirmation process and it’s huge void in obtaining any real insight into the leanings of particular nominees, due to it’s ambiguous nature of questions and “not really answer” answers.
     There will no doubt be many questions raised during these hearings  from the Republican side of the aisle, who like many Americans, are fearful of a person being placed within the Supreme Court for what will likely be 30 years or more, who brings with them an activist point of view and strong desire for “Social or Economic Justice” as opposed to “Equal Justice”.
     Elena Kagan,  who has an activist streak in her that runs deep and strong, going back to her childhood where she watched her father’s efforts at community activism from his position as a lawyer, which still reigns supreme within he,r as exampled recently, where as Dean of  Harvard Law school she fought to remove Military recruiters from her Campus in response to the Military “Don’t ask Don’t tell” policy on Gays in the Military.
     Similar questions on the National concerns of the “activist” role of Supreme Court Justices, were raised during the previous hearings for now Justice Sonia Sotamayor, based on several of her writings, decisions,  and speeches, where her “empathy” to a matter,  played a larger significance in the eyes of many, than the Constitutionality of a matter.
     There is no doubt that Ms. Kagan will in all likeliness be confirmed. The Democrats still hold a majority, But,  whether she should be confirmed is an other matter all together.
     Mr. Obama has been suffering many defeats, total disagreements,  and loss of confidence from the American voters, and he cannot afford “politically” to have this nominee shot down. All manner of persuasion, ( and we’ve seen alot of how that works lately ), will be brought to bear in order to get her passed, and place at least one more feather in his mange-like cap of accomplishments.
      We as Americans must be keenly aware and alert to the fact that this nomination in concert with the previous confirmation of Justice Sotamayor, is the President’s way of placing into our Supreme Court, for untold decades, certain individuals who share his ideology and philosophy of liberal activism, in regards to both the Constitution and the Supreme Court’s place amongst our “Three Equal Branches” of Government.
      The same ideology that has recently further exposed itself to the nation, as we were informed of a publishing house which in it’s liberal activist zeal placed a “Warning Label” upon copies of our great Constitution. Warning Labels!.. as if it were some vulgarity laden rap album or porn video to be kept from the eyes of our youth.
     The Constitution is the only document that remains in America, with the prime purpose being to protect the rights of all citizens, from any Government at any given time. Designed specifically to prevent tyranny born of greed, corruption, or ideology. It is the standard bearer of the one quality that has always separated America from the many other forms of governance and dictatorships that abound across the globe. The one place where “Equal Justice  for all” reigns supreme, and in direct contrast to “Social Justice for some”.
     Lady Justice “Must be Blind!”, she cannot take a little peek from behind her blindfold to see if any petitioner be black ,white, straight, gay, Latino or any other classification that we seem to overly hyphenate ourselves with these days. She should  apply the Laws set forth by our Constitution equally to “all”, based only on such Constitutionality, and not with the “seeing eye of empathy”,  to any person or group’s historical struggles.
     Such struggles are dealt with through legislation from our Congress, and even those must pass Constitutional muster in order to be “just” laws. We must protect the integrity of our Supreme Court with the same vigor that we defend any and all of our  Constitutionally guaranteed rights, from those who would manipulate or diminish them.

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