Dick Morris: Kagan Unfit for High Court

Thursday, 13 May 2010 09:06 PM

By Dan Weil

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Elena Kagan, President Obama’s nominee for the Supreme Court, isn’t qualified to serve there, as shown by her work on the losing side in an important political speech case, says Newsmax contributor Dick Morris.

The crack political strategist doesn’t think Republicans will be able to stop the nomination. “But a good purpose is served by focusing on her record and perhaps by raising key points that need to be answered,” he told Newsmax.TV.

One of those points is her advocacy as solicitor general on the losing side of Citizens United v. Federal Election Commission. In that case, the Supreme Court affirmed the free speech right of corporations to spend money in political campaigns.

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Morris can accept that she argued companies shouldn’t be able to spend money in elections, as that was her job.

But he finds it unfathomable that she contended that books and pamphlets published by companies should be excluded too.

“In other words, if I write a book attacking Hillary Clinton, and my publisher Harper Collins brings it out, and it goes for sale in Iowa within 60 days of the caucuses, her position is the book should be banned in Iowa,” Morris explains.

“That’s a ridiculous misunderstanding of the guarantees protecting political speech in the first amendment.”

And she didn’t just take that stance as part of her job, Morris points out.

“She actually supported it personally and made the point that she held that view personally. And when Obama appointed her, he alluded to her position in the Citizens United case as being a major reason for her appointment.”

So what does that say about Kagan’s fitness for office?

“I think anyone that treats the first amendment in that kind of slipshod way shouldn’t be on the Supreme Court,” Morris said.

As for the November congressional elections, things are looking up for the Republicans, Morris says. He predicts a GOP takeover of both the House and Senate.

“The Republican Party is gaining all over the country,” he said. Indeed, “It isn’t just the Republican Party, it’s animosity against incumbents.”

Morris was particularly pleased by Tuesday’s primary defeat of 14-term Rep. Alan Mollohan, D-W. Va.

The one-time ranking Democrat of the House Ethics Committee was being investigated for funneling money to non-profit organizations run by friends and business partners.

“He was about to be indicted, and then Obama and Holder killed the investigation a week before the healthcare vote, and all of a sudden Mollohan voted yes on healthcare,” Morris notes.

“We’re well rid of him.”

Morris thinks Sen. Arlen Specter, D-Penn., also will lose his primary, joining Sen. Bob Bennett, R-Utah, who recently did the same.

“The anti-incumbent mood is a cleansing force sweeping through our politics, and I’m very glad about it,” he said.

While legislators like Bennett and Mollohan brought home the bacon to their districts, “voters have caught on that the bacon is coming out of their left side,” Morris said

“These earmarks are financed not by the martians but by the taxpayers in that district.”

Morris is outraged that the United States may be exposed to $54 billion of a potential International Monetary Fund aid package for Europe.

The IMF shouldn’t help a country like Greece that is responsible for its own financial crisis, he maintains.

“Greece brought this on itself by reckless overspending.” The country’s budget deficit totaled 13.6 percent of GDP last year.

“They got themselves into this mess. They should be allowed to stew in this themselves,” Morris said. The only reason other European nations are helping is because Greece is part of the euro currency, he explains.

The sole immediate issue for the United States in Europe’s mess is that a stronger dollar against the euro hurts U.S. exports to Europe, Morris says. That’s because a rising dollar makes U.S. goods more expensive in euro terms.

“Right now our recovery, to the extent we have one, is driven almost entirely by exports because U.S. demand is just beginning to recover, and it’s offset by higher inflation,” Morris said.

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