Spitzer, former law school classmate of Kagan's offers his insights.

[FrenchieCat]

According to Spitzer, Kagan is "unbelievably smart and thoughtful and careful, the sort of perfect qualifications to be a justice of the Supreme Court, somebody who will look at every case, think about the constitutional issues and do what is right for the country. She is not an ideologue from the left or the right, and that is clear from what she did as dean of Harvard Law School - just a perfect temperament to be a justice."


Spitzer on Kagan's persuasiveness:

"She will get the fifth vote. To put this in the context of the Supreme Court, when she is on the court and she's looking for a fifth vote because she needs to get the majority, she will argue for a perspective that will get -- whether it's a Kennedy or a Scalia, whomever it may be, she will be persuasive to get that vote."

On her confirmation:

"The good news is her record is pristine...."


On her lacking judging experience:

"Her not being a judge is a good thing.....what matters are life experiences and temperament"


On her as a person:


"When we go out to dinner, she's funny, she witty....has a good time and doesn't take herself too seriously....She will be there a long time, and that is good...."

http://www.youtube.com/watch?v=6xaTD4r2Qik

[Jennicut]

1. She is a consensus builder and will try to get Kennedy on board at times.

Not sure if that will work but with Kagan, we have someone who will try. That really is what it is leaning me towards her for support.

[AllentownJake]

2. I love it when people like Spitzer are trotted out for things that embrace something the President

has decided. Than mercilessly ridiculed when they say something not so popular.

I could care less, I wasn't having high hopes on any appointments giving his track record with them to date.

[Jennicut]

4. Spitzer is right about a lot of things. He just can't be in politics right now.

He was a hypocrite but I still respect some of his ideas.

[AllentownJake]

5. They are all hypocrites

and so are you and so am I. Spitzer just got caught enjoying sex with a professional.

[FrenchieCat]

7. Spitzer doesn't have to be accurate about everything,

but the fact that he knows her personally does give what he has to say
credence....or at least as much credence as those who may not know her,
but who have combed her words in hopes of making a case that makes her look bad.

oh, and don't forget to unrec, because after all, your admitted hypocrisis is
appreciated this time as well! :hi:

[AllentownJake]

9. Like I said

I don't really care about this, I doubt she is as liberal as Stevens, however the President isn't as liberal as Stevens (who was a GOP pick in the 70s oddly enough).

I have zero faith in this administration and am marking time till 2012 hoping that there is a primary challenger from the left.

[FrenchieCat]

11. You doubts are also your hopes and wishes.........

Sleep well with those. :hi:

[AllentownJake]

12. I hope it happens

You and I will have fun when I'm not working to beat him.

[FrenchieCat]

14. You are always working to beat him......

there's nothing new there.

[AllentownJake]

15. Nah right now I'm working a theater

If I was working to beat him, I wouldn't be trading barbs on an internet message board.

;-)

[AtomicKitten]

21. +1

[AllentownJake]

29. -1

Posting displeasure on DU is not working against the President.

Organizing in real life in a primary is.

[AtomicKitten]

39. +2

Right. We read it the first time you wrote it:

"I have zero faith in this administration and am marking time till 2012 hoping that there is a primary challenger from the left."

[ClarkUSA]

23. You're "marking time till 2012 hoping that there is a primary challenger from the left"?

Don't worry, Hillary may run again! Don't give up HOPE.

:rofl:

[AllentownJake]

28. Hillary isn't to the left

:rofl:

You act like I never was a supporter...poor kids, I actually did real work to get this man elected.

In fact, I remember the President when he actually made sense, like when he trashed the idea of Insurance mandates, good times...good times.

[ClarkUSA]

30. Yes, I know. That's the joke.

:rofl:









You see, we "kids" have very good memories.

[AllentownJake]

31. Well good for you

Than you can explain all the policy reversals to me sometime. Pragmatism is not the helpful answer when the person can make unilateral decisions on some issues that do not require congressional approval.

[onpatrol98]

42. Clinton is in the cabinet

I think the reason our president put her on his cabinet was to make certain that she didn't run against him. What would she say?

His policies that I supported and promoted around the world were...ah, um...well, not as good as mine would have been?

:shrug:

I'll bet you one "Bushism" that there will be NO challenge from the left. What democrat would really want to take up the banner to challenge the 1st black president of the United States of America? And, what coalition of like minded "current" democratic politicians would jump on that fated sinking ship?

My Bushism: "I know how hard it is for you to put food on your family." —Greater Nashua, N.H., Jan. 27, 2000

[Jennicut]

8. Spitzer led an investigation against prostitution rings.

It is like when Rethugs attack gay rights and then turn out to be having sex with guys from rentboy.com. I honestly don't care what politicians do personally but many people do and will never vote for that person again. Sometimes you can come back from it (Clinton) and sometimes you can't. Or it takes time. In Spitzer's case, if he hadn't investigated and tried to break up prostitution rings I think the scandal would have been less worse.

[AllentownJake]

10. Like I said

They are all hypocrites.

How many fundraisers do you think are going to be held in Manhattan with banking interest during the Financial Reform debate, with both parties ;-)

Spitzer was stupid...I'm more worried about the fundraisers than a middle age man's desire to sleep with a 20 year old.

[Jennicut]

16. Spitzer WAS stupid. Very stupid.

Reminds me of someone I know, friend of my husband's, but anyway...
I do trust what he says about people he knew back in law school, like Elena Kagan.

[AllentownJake]

17. I trust what he says other than I'm faithful to my wife

I worked in financial services in compliance and auditing. The Son of a bitch ruined quite a few of my weekends. That is a good thing.

[FrenchieCat]

6. I offer his statements without comments,

and include a video tape for viewing to verify that these were
the words spoken.

It is even more ironic that in my posting Spitzer's words of support,
it should mean that everything he says is either correct or not.

But since all sorts of folks are being quoted and their views are
being used for or against this nominee,
I offer this to them, since it is obvious that most folks
don't know her personally, and most folks don't know everything about everything.
So one can take this information and do with it what they will.

[NJmaverick]

32. The other way to look at it is that someone who clearly is not a "mindless Obama follower" thinks

she is a more than solid pick.


A much better way of looking at things if you want to get to the heart of the matter

[NJmaverick]

3. K & R!

[Peacetrain]

13. K&R!!

[saracat]

18. I have nothing against Kagen. She may be good but these statements are just stupid.

Spitzer is making himself sound foolish. Absolutely no one, unless they are God, has a "pristine record". Not being a judge is "not" "A good thing". It indicates you do not have the on the job experience necessary and real life experience isn't the same thing.If it were anyone could be a judge.Perhaps, they shouldn't even bother with law school? :sarcasm: And the remark about being a "witty" dinner conversationalist? Since when has that been a SCOTUS qualification? He also indicates she is open to "compromise " and that is a double edged sword.

Spitzer did not do Kagan, or himself any favors with this incredibly inane interview

[Starbucks Anarchist]

24. More than 1/3 of SC justices were not previously judges.

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=433x293381

[saracat]

27. Very intersting. Recently that doesn't seem to have been the case but

I still don't see how having prior judicial experience would be considered a negative.

[stevenleser]

33. Hmmm. Let's see... she is Solicitor General. Let's see what that is...

The below is what you think is not enough experience, tantamount to, as you put in a previous message, "not going to law school"?

From Wiki:

The United States Solicitor General is the person appointed to represent the Government of the United States before the Supreme Court of the United States. Currently, the Solicitor General is Elena Kagan, who was confirmed by the United States Senate on March 19, 2009.

The Solicitor General determines the legal position that the United States will take in the Supreme Court. In addition to supervising and conducting cases in which the government is a party, the Solicitor General's office also files amicus curiae briefs in cases in which the federal government has a significant interest in the legal issue. The Solicitor General's office argues on behalf of the government in virtually every case in which the United States is a party, and also argues in most of the cases in which the government has filed an amicus brief. In the federal courts of appeals, the Office of the Solicitor General reviews cases decided against the United States and determines whether the government will seek review in the Supreme Court. The Solicitor General's office also reviews cases decided against the United States in the federal district courts and approves every case in which the government files an appeal.
.
.
.

Composition of the Office of the Solicitor General
The Solicitor General is assisted by four deputies and seventeen attorney assistants. Three of the deputies are career attorneys in the Department of Justice. The remaining deputy is known as the "Principal Deputy," sometimes called the "political deputy" and, like the Solicitor General, typically leaves at the end of an administration. The Principal Deputy currently is Neal Katyal. The other deputies currently are Michael Dreeben, Edwin Kneedler, and Malcolm L. Stewart.

The Solicitor General or one of the deputies typically argues the most important cases in the Supreme Court. Each of the attorney assistants also typically argues cases each year.

Significance
The Solicitor General, who has offices in the Supreme Court Building as well as the Department of Justice Headquarters, has been called the "tenth justice"<1> as a result of the relationship of mutual respect that inevitably develops between the justices and the Solicitor General (and their respective staffs of clerks and deputies). As the most frequent advocate before the Court, the Office of the Solicitor General generally argues dozens of times each term. As a result, the Solicitor General tends to remain particularly comfortable during oral arguments that other advocates would find intimidating. Furthermore, when the Solicitor General's office endorses a petition for certiorari, review is frequently granted, which is remarkable given that only 75–125 of the over 7,500 petitions submitted each term are granted review by the Court.<2>

Other than the justices themselves, the Solicitor General is among the most influential and knowledgeable members of the legal community with regard to Supreme Court litigation. Four Solicitors General have later served on the Supreme Court: Robert H. Jackson, Stanley Forman Reed, Thurgood Marshall, and William Howard Taft (who was Chief Justice of the United States). Some who have had other positions in the office of the Solicitor General have also later been appointed to the Supreme Court. For example, Chief Justice John G. Roberts, Jr. was the Principal Deputy Solicitor General during the Reagan administration and Associate Justice Samuel Alito was an Assistant to the Solicitor General. Only one former Solicitor General has been nominated to the Supreme Court unsuccessfully, that being Robert Bork, because of his last name; however, no sitting Solicitor General has ever been denied such an appointment. Eight other Solicitors General have served on the United States Courts of Appeal.

Within the Justice Department, the Solicitor General exerts significant influence on all appeals brought by the department. Whenever the DOJ wins at the trial stage and the losing party appeals, the concerned division of the DOJ responds automatically and proceeds to defend the ruling in the appellate process. However, if the DOJ is the losing party at the trial stage, an appeal can only be brought with the permission of the Solicitor General. For example, should the tort division lose a jury trial in federal district court, that ruling cannot be appealed by the Appellate Office without the approval of the Solicitor General.

---------------------------------------------

[saracat]

35. Don't be silly. Of couse she is a lawyer . She doesn't have "judicial experience"

and it may not matter. All I am saying is that it is not undesirable to possess judicial experience.Some tout the lack of judicial experience as a "virtue". It isn't, IMHO, but she is a highly qualified candidate otherwise.I have not stated that I have a prioblem with her at all.
Both my parents were lawyers. I am thrilled that another woman has been nominated.

[stevenleser]

37. I can appreciate that. I would just say that as Solicitor General

She has the nickname "The 10th Justice of the Supreme Court" for a reason.

[Tarheel_Dem]

19. As I've said before, I'm willing to trust the president's judgement in this nomination. (nt)

[DavidDvorkin]

20. What an outrageous, inexcusable, unforgivable statement!

That should be "whoever it may be" not "whomever it may be". Tsk, tsk.

[greencharlie]

22. ELIOT? lol... hadn't heard from him for a while... nt

[quiet.american]

25. Ah, Spitzer! Why'd you have to go and do that thing you did. (Good perspective, though). nt

[impik]

26. Spitzer is a conservative

Today, that is. Tomorrow he'll criticize Obama and he'll be "progressive" again, but today? HE IS WORSE THAN BUSH!

[depakid]

34. Orrin Hatch likes her, too- and offers very similar praise!

[FrenchieCat]

36. and so that means that......?

Was he a classmates of hers too?

Means that Spitzer = Hatch, I guess. :shrug:

Naral, NOW and others also = Hatch.

Boy.....the world is getting teeny tiny!

[saltpoint]

40. Russ Feingold voted for John Ashcroft for AG.

Things are usually more complex than they seem.

I hope Hatch supports the nomination.

[saltpoint]

38. I support legalized prostitution. Monitor it, tax it, use the money for

useful things like housing for the homeless, health care for battered women shelters, and a girl's soccer team in North Dakota.

I wish Spitzer had not sought out prostitutes when he was married, but then again, it's not my marriage. I liked him prior to the revelation and I like him right now. I hope there will be some way he can return to public service.

He seems to like Kagan, he seems to respect Kagan, and that's a plus. Spitzer is a pretty cerebral guy, but he makes a point to praise Kagan's intelligence.

[Cha]

41. The more insights the better..

consider the source of who's trying to suppress.

[MadHound]

43. Pretty sad when you have to start turning to folks like Spitzer for a positive reference

Doesn't do the case you're trying to make for Kagan any better, and in a lot of ways it makes it worse.