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Elena Kagen, WTF? Her record is one of someone entirely contemptuous of constitutional law, and she's an obfuscating liar. I knew that. By the bye this morning, I came across this post on the Moral Theory
blog. It goes to dishonesty used by the Obama regime to
block the 9/11 families' lawsuit against Saudi funding of al Qaeda. As
Obama's solicitor General, it was Kagen who carried the spears.
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As Obama's solicitor general, Supreme Court nominee Elena Kagan urged
the Court to dismiss the suit that our 9/11 families have been pressing
against the Saudi government and several Saudi princes for their
extensive funding of al Qaeda. The families sued under the domestic
tort exception to sovereign immunity, which according to Kagan's
Supreme Court brief (at p. 14):
requires not merely that the foreign state’s extraterritorial
conduct have some causal connection to tortious injury in the United
States, but that “the tortious act or omission of that foreign state or
of any official or employee” be committed within the United States. 28
U.S.C. 1605(a)(5).
The "tortious act or omission" is the wrongful act (the tort) that
leads to the injury. Thus she is claiming that for Saudi funding of al
Qaeda to be actionable, the funding itself has to have been transacted
within the United States. Compare this with the actual wording of 28
U.S.C. 1605(a)(5):
(a) A foreign state shall not be immune from the jurisdiction of courts of the United States or of the States in any case – ...
(5) ... in which money damages are sought against a foreign state for
personal injury or death, or damage to or loss of property, occurring
in the United States and caused by the tortious act or omission of that
foreign state or of any official or employee of that foreign state
while acting within the scope of his office or employment..."
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With no dearth of activist leftist judges sitting on lower courts, why
Kagan for the SCOTUS? Sure, she has no judicial decisions to pick
apart, but her voluminous writings (like her senior thesis) and prior actions impeach her candidacy, or ought to. Then, a light bulb moment.
- Kagan's involvement in defending Clinton in the
Paula Jones lawsuit.
- Kagan, Solicitor General. Obama's effort (over one million dollars spent) to squash numerous birth certificate lawsuits.
I believe her nomination
by Obama is payback for personal services rendered. If confirmed,
Justice Kagan would more or less become Obama's Roland Freisler on the highest court in the land. I wonder how she feels about hanging people with piano wire?
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