Pursuant to Elena Kagan's expressed enthusiasm for confirmation hearings that feature intellectual snap, crackle and pop, here are some questions the Senate Judiciary Committee can elate her by asking:The Republicans seem to be aware that all they can do during these hearings is to use them as a "teachable moment" about the differences between liberal and conservative approaches to the role of the judiciary. I hope they understand enough to have short, clear questions and then politely stop her if she seems to be evading the question.
-- Regarding campaign finance "reforms": If allowing the political class to write laws regulating the quantity, content and timing of speech about the political class is the solution, what is the problem?
-- If the problem is corruption, do we not already have abundant laws proscribing that?
-- If the problem is the "appearance" of corruption, how do you square the First Amendment with Congress restricting speech to regulate how things "appear" to unspecified people?
-- Incumbent legislators are constantly tinkering with the rules regulating campaigns that could cost them their jobs. Does this present an appearance of corruption?
Monday, June 28, 2010
George Will is back today with another set of questions for Elena Kagan. All are very good. Since she's so hot to trot to limit freedom of speech in elections, here are some on that subject: