Critics of so-called “judicial activism” — examples of which are often court decisions they simply don’t like — loudly argue for a strict interpretation of the Constitution when judges interpret laws. So we find it hypocritical, to say the least, when those same critics later decide that the Constitution isn’t a sufficient basis for interpreting laws after all. Pastor Rick Scarborough, head of the Texas-based, far-right group Vision America, provided a good example of this kind of hypocrisy in an e-mail to supporters last week blasting U.S. Supreme Court nominee Elena Kagan.
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It didn’t take long for the far right to launch a coordinated attack on President Obama’s new Supreme Court nominee, Elena Kagan — and one of the right’s primary weapons is the suggestion that Kagan is a lesbian.
Currently the U.S. solicitor general, Kagan is a highly respected legal scholar, served as the first female dean of Harvard Law School and clerked for Supreme Court Justice Thurgood Marshall. Conservative critics note that she has not served as a judge, but neither did many past Supreme Court justices. In any case, some far-right groups have decided that the most relevant question for her nomination debate revolves around rumors that she’s gay. (more…)