Kagan Nomination

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NBC News justice correspondent Pete Williams on this weekend's syndicated Chris Matthews Show actually said that when it comes to nominating judges, "A Democratic president is more likely to appoint somebody near the middle who is less ideological" (video follows with transcript and commentary):

The Washington Post puffed up the rookie performance of liberal Supreme Court justice Elena Kagan on the front page Monday. The headline was “Kagan made her mark in a bold rookie term.” But inside the paper was the more obvious conclusion, in the headline: “Kagan soothed liberal fears by shoring up the court’s left flank.”

Reporter Robert Barnes is one of many liberal reporters who like pretending that Kagan was somehow an ideological mystery during the confirmation process, despite being picked to be Barack Obama’s solicitor general before the high court.

NPR's Nina Totenberg spent more than 4 minutes on Wednesday's Morning Edition to supposed ethical conflicts of interest for conservative Supreme Court Justices Clarence Thomas, Samuel Alito, and Antonin Scalia. By contrast, Totenberg devoted only 17 seconds to the more current issue of liberal Justice Elena Kagan's service in the Obama administration as a factor in upcoming cases before the Court.

Host Renee Montagne introduced the correspondent's report by noting how both "liberal groups have chastised conservative justices for attending private conferences put on by conservative political interests, and conservative groups have responded by leveling some criticism in the other direction." However, the journalist devoted the first three minutes of a seven-and-a-half minute segment on the criticism launched at Clarence Thomas's wife from the left:

New York Times liberal Supreme Court reporter turned liberal online Times columnist Linda Greenhouse filed her "scorecard" Wednesday of the Supreme Court’s recently concluded term. Even her terminology is slanted, translating conservative as "regressive" and liberal as "progressive."

Most regressive decision: In a competitive category, I’ll give the nod to a little-noticed decision the court issued just a week ago. By a vote of 5 to 4, with an unsigned opinion speaking for the majority, the court denied a temporary stay of execution to a Texas death-row inmate despite the urgent pleas of the federal government and the government of Mexico.

NPR's Nina Totenberg strangely cast doubt on the liberal credentials of Supreme Court Justices Elena Kagan and Sonia Sotomayor on Saturday's Early Show on CBS, claiming that "they're not nearly as liberal as justices were...thirty years ago." Totenberg also hinted that the other members of the Court were right-wing radicals: "Compared to the much more conservative members of the Court, they are liberal."

Anchor Russ Mitchell brought on the journalist for her take of the most recent term of the Supreme Court. Near the end of the interview, Mitchell noted how "this was the first full term for President Obama's two appointees, Elena Kagan and Sonia Sotomayor" and asked, "What do you think? Did we see a shift in the Court's philosophy this year at all?"

As scornful as the media were of conservatives last year, they were just as adoring of top liberals, as documented by the MRC's Best Notable Quotables of 2010. Topping the MRC's annual "Media Hero Award," ABC's World News anchor Diane Sawyer fawned over House Speaker Nancy Pelosi after the passage of ObamaCare in March:

“All agree she gets credit for locking up this vote, one of the biggest since Medicare in the 1960s. And she’s said to have done it with an epic blend of persuasion, muscle and will, even when half the town said it couldn’t be done....Their indefatigable, unwavering almost 70-year-old Speaker, mother of five, grandmother of seven....[to Pelosi] What do you think your dad and your mom would have said about this moment?”

“On this first Monday in October, the Supreme Court opened its new term today,” an excited Diane Sawyer announced Monday night, trumpeting how it's “making history for America's mothers, sisters and daughters.” ABC reporter Terry Moran was even more thrilled, marveling that “the most remarkable thing in that courtroom today, on this historic day, was how unremarkable it was.”

Despite the lack anything “remarkable,” however, Moran found new Justice Elena Kagan's performance quite remarkable, trumpeting “the one word that leapt to my mind was 'ready,'” touting how “she was confident and well prepared and fluent and probing” and, at one moment, “you could almost...imagine some of the other justices...looking down the bench at Justice Kagan like a major league scout might say, 'you know, that kid's got some real pop on her fastball.'”

An eager Sawyer wondered: “How was Justice Kagan on her first day?” A giddy Moran expounded:

Times Watch's new study "Supremely Slanted -- How the New York Times Pounds Conservatives and Coddles Liberals When Nominated for the Supreme Court," was discussed by Fox News contributor Liz Trotta on "America's News Headquarters" just before the one o'clock hour on Saturday afternoon.

After some discussion of a Gallup poll showing Americans have little trust in the mainstream media, host Uma Pemmaraju shifted the discussion to the new Supreme Court study from Times Watch. (Watch the video here.)

Fox News Host Uma Pemmaraju: "But there's another poll, out right now that looks at media behavior as well and specifically how the media handles the Supreme Court nominees, how are those related?"

As liberal Justice Elena Kagan takes her place on the Supreme Court next week, she could thank The New York Times for making her confirmation process smoother. Ever since Ronald Reagan nominated Robert Bork and he was rejected by the Senate in 1987 for his views and not his character or qualifications, confirmation battles for liberals have become less like judicial seminars and more like political campaigns.

For almost 20 years, in this new era of activist groups and activist reporters, The New York Times has covered Supreme Court fights with a heavy finger on the scales of justice, tipping the balance. They have painted conservatives as highly controversial and dangerously ideological, while liberal nominees were presented as "brilliant" moderates who were only newsworthy in that they were often laudably "historic" choices, or, in Kagan's case, she was not only "brilliant," but "very funny, warm and witty."

For Supremely Slanted, Times Watch analyzed the arc of coverage over the last two decades and the last seven Supreme Court justices, from Clarence Thomas's nomination in 1991 to Elena Kagan's confirmation in 2010, and found stark differences in how the Times reported on the four Justices nominated by Democrats versus the three nominated by Republicans.

Times Watch examined every substantive New York Times news story on each nomination, starting with the official presidential announcement and ending with the Senate vote confirming the nominee to the Supreme Court. Among the findings:


A stark pro-Democratic double standard in labeling:

• The Times demonstrated a 10-1 disparity in labeling "conservative" justices nominated by Republicans compared to "liberal" ones nominated by Democrats.

• In all, the three Republican-nominated justices were labeled "conservative" 105 times, while the four justices nominated by Democrats were labeled liberal on just 14 occasions.

Crazies on the left allow journalists to see themselves as under siege from both sides of the spectrum, and thus must be playing it down the middle. To wit: Saturday’s Washington Post carried a letter from a reader upset the newspaper had reported the Supreme Court has “four firm liberals.”

Robert B. McNeil Jr., of Alexandria, insisted “there hasn't been even a single ‘liberal’ on the court in years.” He recommended:

The Post should recognize philosophical reality and refer to the “moderate” and “conservative” wings of the court, although “moderate” and “radical-conservative” would be more accurate.

The battle against the nomination was always a losing battle, but Sen. Jeff Sessions, R-Ala., made an impassioned defense of his position.

What do you think the effect of Kagan's nomination will be on the court? Will it change its makeup significantly? 

“The number that really excited Democrats is three: Think Ginsburg, Sotomayor and Kagan,” NBC’s Kelly O’Donnell excitedly announced Thursday night while leading into a clip of Democratic Senator Patrick Leahy, who exclaimed as he bounced on his heels on the Senate floor: “Three women will serve together on the United States Supreme Court for the first time in our nation's history!”

The news equally excited the TV network journalists. “History was made in this country today when the Senate confirmed Elena Kagan to the U.S. Supreme Court,” declared fill-in NBC Nightly News anchor Lester Holt as viewers were treated to a “Making History” on-screen graphic.

“Tonight on World News, a day of high court history. Elena Kagan confirmed. For the first time ever, three women will be part of deciding the law of the land,” spouted a giddy Diane Sawyer in matching NBC by making Kagan her lead story. Sawyer could hardly contain her excitement:

We are here in Washington on the day a new voice joins the Supreme Court. Elena Kagan, the third woman currently on the court, a woman with a reputation for holding her own in any room. And our Jonathan Karl is right here to tell us about the big vote right over there on Capitol Hill. And I want to know what happens when a new justice dons the robe for the first time, Jon?

Elena Kagan's record clearly demonstrates she's a liberal, but to Rachel Maddow, she's just not liberal enough to be an "actual liberal." While she did a bit of a victory lap with Newsweek's Dahlia Lithwick on Tuesday night that the Republicans failed to scare people about Kagan and "nobody was terrified," Maddow still felt Obama wimped out by not picking an obvious radical leftist: 

LITHWICK: At the end of the day you have a nominee who just utterly slid under the radar. And I don't know how the fundraising went but I know that the narrative was "She's fine, yawn. She's fine."

MADDOW: Yes. Well, should liberals look back at this experience? I mean, we're not out of it yet but should they essentially look back and say, "An actual liberal, a real -- a more liberal justice could have gotten through here?"

LITHWICK: I think so. It seems to me that to the extent that Obama had a moment to put someone a little bit more -- a little closer to a Stevens legacy or a Brennan legacy, a little closer to a passionate firebrand, this would have been the moment to put them up if the rumors are -- and they're only rumors -- true that Ginsburg is going to leave while Obama is still in office.

During the July 2 edition of Bloomberg Television’s Political Capital, Bloomberg News columnist Margaret Carlson exalted Supreme Court nominee Elena Kagan. Carlson stated she would vote for Kagan "twice" because "It has been so long since I saw someone in public life joyful about being there." [audio available here]

The gushing didn't stop there for Carlson who continued to adorn Kagan for her impeccable "intellectual ability" and "temperament," despite admitting that there was little substance known about Kagan. This however was not important to Carlson who then proceeded to fawn over Kagan's joke that "brought the house down."

The shallow and promotional TV coverage of Elena Kagan’s confirmation hearings illustrated once again how the shamelessly ABC, CBS, and NBC shape the political Play-Doh they offer to the American people as “news.”

First, there was the amount of coverage.Let’s put it this way: “coverage” is the wrong word. Entire days of hearings, filled with tough exchanges with Republicans on issues like the military, “gay marriage,” and abortion were swept under the rug. Instead, the one talking point every viewer was supposed to remember was this: Kagan is funny! She is really, really funny!

At one point in the hearings, they discussed the Obama administration’s very unfunny failure to stop the Christmas Day bomber from almost blowing up a plane as it landed in Detroit. That somehow turned into a joke about Kagan’s Jewishness. Sen. Lindsey Graham, who has seemed desperate to ingratiate himself with Obama’s nominees, set Kagan up to joke that she probably spent Christmas at a Chinese restaurant.

There have been a lot of complaints from the left over the opposition Supreme Court Justice nominee Elena Kagan has faced from Senate Republicans in her battle to win confirmation. But Kagan proponents should have seen this day coming when Democrats in the Senate did the same things to try to slow the confirmations of Justices John Roberts and Samuel Alito.

On CBS's July 4 "Face the Nation," CBS legal correspondent Jan Crawford explained why. Previously throughout these types of confirmation processes, the Senate would approve a President's nominee, assuming the candidate was qualified. But President Barack Obama, Vice President Joe Biden and Senate Judiciary Chairman Sen. Patrick Leahy, D-Vt. all set a new precedence when George W. Bush was president.

"Historically, [Kagan] would have been confirmed like Justice Ginsburg was, 96-3, or Justice Breyer, 87-9, but things changed. I mean, things changed 10 years ago, when Democrats started filibustering President Bush's qualified nominees," Crawford said. "I had a talk about all this -- I guess, what, five or six years ago with Mitch McConnell. You know, he said memories are long in the U.S. Senate. People remember what the Democrats -- including President Obama, Vice President Biden, Judiciary Committee Chairman Patrick Leahy -- did."

During the 'Early Wrap' segment on Friday's CBS Early Show, co-host Harry Smith discussed the confirmation hearings for Supreme Court nominee Elena Kagan with a panel of media pundits: "The almost unknown, practically under the radar, the Supreme Court nominee, Elena Kagan, before committees this week being funny. She was downright funny."

GQ Magazine's Washington correspondent Ana Marie Cox agreed with Smith and added: "...a Saturday Night Live skit made live, in part because she looks exactly like Rachel Dratch. And it's perfect because Al Franken is on the committee. And I kept on watching like waiting for someone to burst into song or Unfrozen Caveman Senator." Radio host Jane Pratt chimed in: "Her joke was good, the Chinese food joke was good." Smith remarked: "Very funny. Sunday night, and Christmas."
        
On Wednesday's Good Morning America on ABC, news reader Juju Chang noted Kagan's "lively sense of humor" and later asked co-hosts George Stephanopoulos and Elizabeth Vargas "who is going to play her in the SNL skit?" Vargas replied: "I don't think they could be as funny as Elena Kagan was!"

Appearing on FNC's "Hannity" on Thursday, Media Research Center President and NewsBusters publisher Brent Bozell discussed the media's left-wing slant on the latest issues during the weekly "Media Mash" segment.

The first topic was NBC's Matt Lauer fretting that Americans would not learn the "proper message" from the oil spill and curb their "appetite for oil." Mr. Bozell pointed out that the media had learned nothing from the ClimateGate scandal and noted their determination to bring an end to offshore oil drilling.

Another topic of discussion was the media's fawning coverage of Elena Kagan, particularly by ABC's Claire Shipman, who spoke of the Supreme Court nominee's "personal charm" Bozell observed that he had never seen such a one-sided profile of someone in his life.

The segment wrapped up with a look at NBC's Chris Matthews and a panel of liberal pundits all describing President Obama's left-wing policies as a "positive" in the November elections. Host Sean Hannity remarked "How about negative?" Bozell joked that the liberal panelists might be working for the RNC because of their encouragement for Obama to continue down such an unpopular road.  

For the full segment, watch the video above or listen to the audio here.

Wednesday's evening news shows and Thursday's morning programs continued to minimize or leave out important moments of Supreme Court nominee Elena Kagan's confirmation hearings. ABC's Good Morning America, for instance, has offered only 67 seconds of coverage over three days. Today and The Early Show each provided a single ten second news brief on Thursday.

It's not as though the second day of testimony lacked interesting developments. The New York Times on July 1 reported the intense questioning by Senator Orrin Hatch on an abortion memo written by then-Clinton White House Counsel Kagan.

Hatch demanded, "Did you write that memo?...But did you write it? Is it your memo?"

CBS and NBC took time Wednesday night to showcase Democratic Senator Al Franken's artistry -- not to scold Franken's frivolity, but to luxuriate in it. As CBS displayed Franken's drawing of Republican Senator Jeff  Sessions next to a picture of the Alabamian, fill-in anchor Scott Pelley admired what Franken had created during the hearing for Supreme Court nominee Elana Kagan:

A look over Franken's shoulder reveals his talent. On his pad is a sketch of Alabama Senator Jeff Sessions, the ranking Republican on the Judiciary Committee. Not bad. Suitable for framing.

Over on the NBC Nightly News, Brian Williams relayed, sans Pelley's “suitable for framing” puffery:

Well, if you have ever wondered what Senators do during committee hearings when they're not talking? Here's what one of them does. Senator Al Franken drew this depiction of fellow committee member Jeff Sessions of Alabama, a pencil drawing on United States Senate stationery. Franken said he would give the signed original to Sessions.

In covering Elena Kagan's confirmation hearings, CNN and MSNBC have repeatedly lauded the Supreme Court nominee for her "flashes of humor" and "disarming ease."

In tune with the reverberations of the network morning shows' echo chamber, correspondents like CNN's Dana Bash and anchors like MSNBC's Rachel Maddow on Tuesday praised Kagan for her ability to inject humor into otherwise "hollow and vapid" hearings and charm hostile Republican senators into docility.

"But just on a color note, what struck me, Candy, has been the way Elena Kagan has tried to use a sense of humor to really disarm the senators, particularly Republicans," noted Bash.

Maddow's guest, Dahlia Lithwick of the liberal Slate magazine, gushed over Kagan's "gut-wrenching" sense of humor, her masterful ability to balance "seriousness and levity and humor," and her "disarming and charming and kind of likeable" personality.

"A likeable liberal. Dear me, I know," quipped Maddow.

The White House has gone to extraordinary lengths to prevent the press corps from having meaningful access to Supreme Court nominee Elena Kagan. Such measures are hardly unprecedented, though they stand in stark contrast to then-candidate Barack Obama's message of openness and press transparency.

But now the White House has outdone itself in media opacity. It apparently blocked a New York Times reporter from sitting in on Kagan's brother Irving's constitutional law class at Hunter College High School. Yes, that's right. The White House is now trying to determine who can or cannot sit in a school class for teenagers.

According to watchdog group Judicial Watch, White Hosue Deputy Press Secretary Joshua Earnest intervened after hearing of Times reporter Sharon Otterman's intention to sit in on one class. "I'm definitely not comfortable with this at this point," Earnest told Kagan, according to documents it obtained from the school.

On Tuesday's Rick's List, CNN's Jessica Yellin harkened back to her college days at Harvard as she defended Supreme Court nominee Elena Kagan against charges by conservatives that she is anti-military: "When I was at Harvard, a full decade before she was dean of the law school, there was already institutional opposition to 'don't ask, don't tell'....it steeps the whole university."

Yellin, actually, was a key left-wing student agitator during her time at the university, as revealed in several interviews with The Crimson, the student newspaper at Harvard. She was labeled a "prominent feminist activist in her own right" in a June 10, 1993 profile of Sheila Allen, her first-year roommate and self-proclaimed "dyke of the Class of '93." The then-student certainly earned this label, as she helped resurrect Harvard-Radcliffe Students for Choice after a "relatively inactive period," was a women's studies major, and, in an April 10, 1992 interview, bemoaned how Harvard was apparently opposed to her feminist agenda: "For people interested in women's issues or gender studies, this is an overtly hostile environment."

In a May 1, 1992 article, Yellin expressed how the acquittal of the four police officers involved in the controversial Rodney King arrest was "the most blatant evidence of the indelible racism... in this country."

All three morning shows on Wednesday made sure to tout the "lively" sense of humor of Supreme Court nominee Elena Kagan, this as ABC continued to ignore the hearings. Over two days, Good Morning America has devoted a scant 67 seconds to Barack Obama's nominee.

After a news brief featuring Kagan cracking jokes at her hearings, former Democratic operative George Stephanopoulos gushed, "...If this Supreme Court thing doesn't work out, she's got another career in stand-up." [Audio available here.] 

Guest host Elizabeth Vargas hyperbolically asserted that Saturday Night Live couldn't "be as funny as Elena Kagan was!"

“For the first time, Americans got to see the woman President Obama called a ‘trailblazer’ in action,” ABC anchor Diane Sawyer trumpeted Tuesday night before Jonathan Karl framed his story on Supreme Court nominee Elena Kagan’s hearing around how “a confirmation hearing isn't usually a laughing matter, but if we learned one thing about Elena Kagan today, it's that she has a sense of humor.” Like NBC, Karl featured Kagan joking about how she was probably at a Chinese restaurant on Christmas day.

The three broadcast network evening newscasts, as well as CNN and FNC, highlighted Senator Jeff Sessions pressing Kagan on her treatment of military recruiters. Karl used the exchange to praise Kagan: “We also learned that Elena Kagan can take a punch. As when Republican Jeff Sessions slammed her decision as Harvard Law dean to ban military recruiters from the school's career office....She made no apologies for taking a strong stand against the military's ‘Don't Ask, Don't Tell’ policy.”

CBS’s Jan Crawford declared Kagan “held her own, she was confident, showed flashes of wit, but she didn't break a lot of new ground,” while NBC’s Pete Williams touted how “she displayed flashes of humor.” (CNN expressed concern Kagan wasn’t liberal enough: “Some of her answers on hot-button issues may not please all of her fellow Democrats.” More below.)

Chris Matthews keeps painting the Elena Kagan confirmation hearing as a "culture war" between the Obama nominee and the Republicans on the Senate Judiciary Committee. As Newsbusters reported yesterday, Chris Matthews seemed to spin Monday's standoff between Sessions and Kagan as a battle between the senator's rural, unsophisticated Alabama roots and Kagan's Northeastern liberal academic background.

Well, Matthews showed up in even finer form today. Describing Kagan as a liberal Obama prototype from the "high academia" of the Ivy League, Matthews proceeded to frame her opponent, Sen. Jeff Sessions, as the voice of the Confederacy.

Remarking that the hearing has become like a "red state-blue state" battle, Matthews claimed that "listening to Jeff Sessions is to listen to the, really, the Confederacy; to listen to, really the conservative view of the Deep South."

Matthews also oddly added that Republicans want to make Kagan into a "voodoo doll" (repeating himself from the night before), an image associated more readily with New Orleans, Louisiana, than Sessions' boyhood town of Hybart, Alabama.

A liberal panel led by MSNBC anchor Chris Matthews injected sexism into the Kagan confirmation hearings on Tuesday morning, suggesting that Republican senators should curtail the tenacity of their questioning because the Supreme Court nominee happens to be a woman.

Invoking the Clarence Thomas hearings, which focused on the testimony of Anita Hill, who accused Thomas of making inappropriate sexual comments, Matthews asked, "Am I wrong in hearing flashes here of the Anita Hill testimony way back when in the Clarence Thomas confirmation hearings?"

Despite the absence of a sexual scandal, Matthews persisted with the bizarre analogy: "Are we past the sensitivity about a male member of the Senate grilling a female?"

The "Hardball" host failed to clarify exactly who in 2010 is sensitive about male senators posing tough but legitimate questions to a woman nominated to the nation's highest court.

New York Times reporter Sheryl Gay Stolberg reported this tidbit Tuesday from the opening day of confirmation hearings for Elena Kagan, Obama's nominee to replace Justice John Paul Stevens on the Supreme Court.

Democrats described her as a brilliant thinker with what Senator Charles E. Schumer of New York called "unprecedented practical experience."

Stolberg had expressed the same feelings about Kagan the day before, roughly two minutes into the Monday edition of TimesCast, a brief news preview that airs every weekday at nytimes.com.

Kagan is so "brilliant," gushed Stolberg, that she didn't even need help from White House staffers in preparing to face her Republican critics. Stolberg was confident the GOP would "have a tough time" confronting the "very funny and warm and witty" Kagan.

They will try to paint her as a partisan, as a political lawyer, as someone who is more interested in a politically driven agenda than in applying the law in an even-handed way to judicial cases. And they'll take her to task for never having been a judge. But I think they'll have a tough time.

While ABC's Good Morning America and NBC's Today spent little time on the confirmation hearings for Supreme Court nominee Elena Kagan on Tuesday, the CBS Early Show featured a report from legal correspondent Jan Crawford, who cheered Kagan finally being able respond to Republican "attacks" in a "very agile" way.

Good Morning America devoted only a single news brief early in the 7AM ET hour to the hearings as news reader JuJu Chang noted how Kagan "will be questioned by Republicans who say she is too liberal and too political." Chang added: "Kagan promised to take a modest approach to judging."  

On Today, correspondent Kelly O'Donnell offered only a brief 7:09AM report on the hearings: "Weeks after her nomination, seated in silence for hours, finally Elena Kagan gets to make her case....[she] describes herself as a daughter of the American dream." O'Donnell described the arguments from both sides of the aisle: "No surprise, Democrats praised her intellect and the chance to broaden the Supreme Court....Saying they would be respectful, Republicans did not hesitate to get tough. From abortion rights to immigration, they found various ways to call her liberal." In an 8:04AM news brief, news reader Natalie Morales declared: "Republicans portrayed Kagan as a liberal activist with no judicial experience. Kagan promised an even-handed approach to the law."