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April 16, 2010

Skirting the Elena Kagan question

Inspired by recent developments, Suits & Sentences has been digging through the historical archives. The findings may shock you!

Aug. 11, 1902:

(Associated Press) WASHINGTON -- President Theodore Roosevelt today nominated Oliver Wendell Holmes, Jr. to the United States Supreme Court. Holmes, a thrice-wounded combat veteran, author of "The Common Law" and one of the nation's most esteemed legal thinkers, currently serves on the Massachusetts Supreme Judicial Court.

Aug. 12, 1902:

(www.rooseveltisadamnradical.org) So President Teddy "Big Stick" Roosevelt has now reached into the closet for his next Supreme Court pick. Look, the fact that Oliver Wendell Holmes, Jr. reportedly had an affair with author Henry James is not necessarily cause to reject Holmes. If the president wants to pick someone who was supposedly sexually pleasured by James in the spring of 1865, that's his business. But I, for one, will say: Ewwwww.

Aug. 13, 1902:

(New York Post) WASHINGTON -- An obscure blogger on Thursday reported that Supreme Court nominee Oliver Wendell Holmes, Jr. had gay sexual relations with author Henry James.

Aug. 14, 1902:

(Associated Press) WASHINGTON -- A White House spokesman on Friday denounced the New York Post for repeating a no-longer obscure blogger's assertion that Supreme Court nominee Oliver Wendell Holmes, Jr. had gay sexual relations with author Henry James. "This filth is beneath contempt," the spokesman said.

Aug. 15, 1902

(Washington Post) WASHINGTON -- A prominent blogger's claim that Supreme Court nominee Oliver Wendell Holmes, Jr. had gay sexual relations with author Henry James provides a case study in the clash between new media and old media, as well as the tension between private lives and public figures.

Aug. 16, 1902

(New York Times) NEW YORK -- A recent Washington Post story about how a world-famous blogger's claim that Oliver Wendell Holmes, Jr. had gay sexual relations with author Henry James is a case study in the clash between new media and old media is, itself, a case study in how conventional media uses the "case study" rationale as an excuse to slip salacious allegations into print.

Aug. 16, 1902

(Associated Press) BOSTON -- Controversial Supreme Court nominee Oliver Wendell Holmes, Jr. today removed his name from consideration for the high court. "I don't need this ****," Holmes said.

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alboy2

This is sad, but could be so very, very true. I eagerly await the GOP's sliming of WHOEVER the President nominates. Fuck 'em, we still have 50 votes, jerks.

kay sieverding

Kagan might not just be very sexual and she might put all her energy into work; it really is her business. My congresswoman, Tammy Baldwin, is a public lesbian. Her district includes Janesville, a former GM plant city, and she is popular there and in Madison.

Kagan wrote to the Supreme Court that “Absent a specific statutory provision authorizing or precluding judicial review, a contention that the Attorney General was maintaining or disseminating criminal records in violation of law would be cognizable under the Administrative Procedure Act, 5 U.S.C. 551 et seq. (APA), in a suit brought by a person aggrieved by the alleged violation.” I was imprisoned for 5 months on the order of former judge Naughty Nottingham as part of an extortionist scheme of witness intimidation. No criminal complaint was filed and I had no arraignment or bail hearing. I sued USDOJ under the Privacy Act and they pled, and Judge Bates ruled, that the APA doesn't allow remedy for imprisonment without a criminal charge, directly opposite to Kagan's statement.
see http://www.justice.gov/osg/briefs/2007/0responses/2007-0072.resp.html

kay sieverding

Apparently a lot of people think the court should be more diverse and want a member with an inclusive attitude. But, basically all supreme court nominees knew they were upwardly mobile since they were children, based on their communication skills, which would have been apparent when they were young. It is possible that a different sexual orientation could contribute to being open minded in other ways, as could any sort of problem such as a physical defect or an embarrassing family, by basically giving one an underdog or outsider experience.

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mike

"Suits & Sentences" is a legal affairs blog written by Michael Doyle, a reporter for McClatchy's Washington Bureau. He was a Knight Journalism Fellow at Yale Law School, where he earned a Master of Studies in Law; he also earned a Masters in Government from The Johns Hopkins University with a thesis on the Freedom of Information Act. He teaches journalism as an adjunct instructor at The George Washington University's School of Media and Public Affairs.

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