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So, Is Kagan Gay?

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Andrew Sullivan, and a slew of gay activists and bloggers are all over the, “Is SCOTUS nominee Elena Kagan gay?” issue, and their point of view may surprise you.

You’d think those nasty rapscallions on the right would be going hard after the lesbian angle, but, with the possible exception of Maggie Gallagher and her NOM henchmen, claiming, (quite frankly, stupidly,) “A Vote for Kagan Is a Vote for Gay Marriage,” theirs has been a whisper campaign. (And you can just flat-out call B.S. on Maggie for saying HRC agrees with her. They do not. But Maggie never links to items that would prove she’s twisting truth. It’s just easier that way.)

From the gays in the blogosphere, however, well, there’s an entirely different story.

Andrew Sullivan (whom we can hardly call being on the right anymore, thank goodness,) demands to know. In, “So Is She Gay?” he posits,

It is no more of an empirical question than whether she is Jewish. We know she is Jewish, and it is a fact simply and rightly put in the public square. If she were to hide her Jewishness, it would seem rightly odd, bizarre, anachronistic, even arguably self-critical or self-loathing. And yet we have been told by many that she is gay … and no one will ask directly if this is true and no one in the administration will tell us definitively.

Hmmm… On the one hand, this makes me ponder.  Let’s continue.

In a word, this is preposterous – a function of liberal cowardice and conservative discomfort. It should mean nothing either way.

Darn right, it should mean nothing either way. And yet, how terribly presumptuous to assume that it does not. Kagan is 50. Sullivan is 46. Both come from a time when it was more “appropriate” to hide one’s homosexuality than to be open. Sullivan took one road, perhaps (I said, perhaps) Kagan took another.

Since the issue of this tiny minority – and the right of the huge majority to determine its rights and equality – is a live issue for the court in the next generation, and since it would be bizarre to argue that a Justice’s sexual orientation will not in some way affect his or her judgment of the issue, it is only logical that this question should be clarified.

Now hold on here.

This is the crux of the issue and the exact problem I have with all those on the right who were screaming when Judge Vaughn Walker’s homosexuality was “exposed.” (It was considered well-known before the Prop 8 trial.) The Maggie Gallagher brigade was clamoring that of course Walker would decide the federal Prop 8 trial, automatically, for “the gays.” As if Clarence Thomas would decide every case for “the blacks.” And as if one element of one’s identity is always the deciding factor in all they do. Why, look at right-wing zealot Michelle Malkin, whose entire existence seems poised to rebel against everything she is.

Ridiculous.

Sullivan continues:

It’s especially true with respect to Obama. He has, after all, told us that one of his criteria for a Supreme Court Justice is knowing what it feels like to be on the wrong side of legal discrimination. Well: does he view Kagan’s possible life-experience as a gay woman relevant to this? Did Obama even ask about it? Are we ever going to know one way or the other? Does she have a spouse? Is this spouse going to be forced into the background in a way no heterosexual spouse ever would be?

GayPatriot stoops so low as to ask, if Kagan is gay, “is she actually filling the homosexual Supreme Court seat left vacant since last year?

Oh come on, you never heard of the David Souter gay talk?  Where have you been?  In the same crowd of women that pine for Anderson Cooper…. or the Village People?  Sheesh.

Nice…

But he does ask, “why does Obama think that being a lesbian is such a bad thing?” A valid question, given the White House’s deplorable jump to uphold Kagan’s “straightness.”

At least Elijah Sweete puts it a little nicer. In, “Sex And The Supremes – Kagan Is Sixth “Maybe Gay” Nominee,” he includes “Frank Murphy, Benjamin Cardozo, James McReynolds and David Souter” as on-the-court and “suspected of being gay, or bisexual.”

Gay activist, writer, and Sirius radio host Michelangelo Signorile weighed in last night. We had, via Twitter, a robust conversation, prompted by his tweet:

The story has now become highly relevant: Kagan now needs to say if she is a lesbian or not. And the press must ask her point blank.

And later,

Was it “our business” if Souter was gay? If Scalia or Thomas is? Why is it “our business” that they’re straight? Or Catholic?

Hmmm… again. Good points.

And, lastly,

Why do let right dictate terms: They say it’s bad to be gay, so we so okay, keep it a secret, don’t dare ask. Very weak.

Signorile and Sullivan are taking this issue on to highlight the “tyranny of the closet,” and rightly so. But at what point do we cross the line in using an individual’s privacy to further our own causes? I’m certainly not saying they are, I’m just asking.

In, “Elena Kagan Is Not Gay,” The Nation’s Richard Kim, looking back on a Sullivan-Signorile event a decade ago, calls this “the high-tech lynching of an uppity ambiguous Harvard dean.” Kim then calls Sullivan’s reasoning “naive,” and wonders if Sullivan is, “exorcising some old demons.”

Earlier in the day, Sullivan wrote:

The NYT’s bizarre profile of Kagan, which plumbs every minute aspect of her most intimate and private life while saying nothing whatever about her emotional relationships, home, dating, or indeed anything that might even touch upon her sexual orientation, gay or straight, is so contrived in its avoidance of the obvious it is almost comic. To put it bluntly: the NYT can produce 4,500 words on a person and barely address the three most common Google searches on her name. There is some kind of disconnect here, no?

So I stick to my guns. If Obama had not publicly declared someone’s life experiences to be essential to his pick of a Supreme Court Justice, it would be one thing.

If Kagan is gay, or not, it’s between her and whomever she chooses, unless she is but denies it to the public. In other words, unless she flat out lies. Personally, I would rather have an “out” judge than a closeted one. A closeted judge in this day and age is not a tribute to our community. It’s one thing to point to someone from the 1940s and say, “And did you know they were gay?” It’s another to point to someone prominent in today’s society who is, but isn’t out.

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‘New MAGA Slush Fund’ Could Hand Trump Coalition ‘Cut of the Spoils’: Columnist

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President Donald Trump reportedly may drop his $10 billion lawsuit against the IRS in a settlement handing him control of a $1.7 billion “MAGA slush fund” to compensate victims of government abuse, according to The New Republic‘s Greg Sargent, who calls it a “Shakedown.”

Citing an ABC News report, Sargent explains that the proposed settlement “would create a ‘commission’ with ‘total authority’ to settle ‘claims’ brought by those who allege such weaponization. Per ABC, this not only includes the insurrectionists; it could even settle purported claims by ‘entities associated with President Trump himself.’ By all indications it would operate with little-to-no congressional oversight.”

U.S. Rep. Jamie Raskin (D-MD) told Sargent it is “a shocking new betrayal of the Constitution.”

This “new MAGA slush fund,” Sargent says, would come from an existing Justice Department fund that has strict controls, including transparency requirements. But “Trump would wield quasi-direct control” over the $1.7 billion, including being able to fire commission members “without cause,” and “it wouldn’t be required to disclose its decision-making involving who gets awarded compensation.”

Raskin told Sargent, the “Judgment Fund exists to settle valid judgments against the United States government.”

Raskin said that Trump and his allies are “trying to take money from the Judgment Fund while eliminating any controls and oversight” and put it under Trump’s “direct unilateral control.”

Because Congress did not set up any fund like this it could be unconstitutional.

“Congress never would have passed a $1.7 billion slush fund for his friends—this is completely outside of our constitutional framework,” Raskin said. He called it “an outrageous desecration of congressional power of the purse.”

Raskin also noted that the Constitution’s 14th Amendment prohibits government from assuming any “obligation incurred in aid of insurrection or rebellion against the United States.”

So if Trump wants to use the $1.7 billion to compensate the January 6 rioters, he will be “using federal taxpayer dollars to compensate people who participated in insurrection,” according to Raskin.

Trump and his lawyers “are figuring out a way to refund the January 6 militia, presumably to get them ready for the next round of battle,” Raskin said.

“So at bottom,” Sargent concludes, “payments from this fund might ultimately serve as a form of coalition management: They’ll keep large swaths of his coalition persuaded that a win for Trump, no matter how illicit or ill-gotten, is a win for them. That his corruption isn’t just in his own interests, but in theirs, too. Because, after all, they’re getting a cut of the spoils.”

 

Image via Shutterstock

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CNN Analyst Stunned Bottom Has ‘Completely Fallen Out’ For Trump

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CNN analyst Harry Enten is stunned at how far President Donald Trump’s approval rating has fallen, especially among Latino voters.

“The bottom has completely fallen out when it comes to Donald Trump and Latino voters,” Enten said on Friday.

“What a different world,” he exclaimed. “Oy vey, if I’m the president of the United States, because just take a look here.”

Trump won a “record share” of Latino voters for a “Republican presidential nominee, 46 percent of the vote,” Enten said, “going all the way back since we had the advent of exit polls back in 1972.”

Trump’s job approval rating, in an average of CNN polls, is 28 percent — “an 18 point drop,” Enten explained.

Latino voters from 2024 “have abandoned him with the utmost, just, dislike of what he is doing so far — just 28 percent, a drop of 18 points.”

And with Latino men, Enten said, “Oh, my goodness gracious.”

Trump is at -41 points, a “movement of 51 points, a shift away from the president of the United States.”

“Again, the bottom has just completely fallen out, and, of course, when you look across that political map, there are so many races that will be involving a lot of Latino voters, and when you see numbers like this, I just go, ‘Uh oh,’ if I am a Republican running for Congress,” he said.

Enten also said that one of the reasons Trump had “record performance with Latinos back in 2024, was because the issue of the economy. They trusted Donald Trump by a three-point margin against Kamala Harris.”

But his net approval on the economy now? “Minus 46 points.”

“No wonder the bottom has fallen out with Latino voters and Latino men in particular,” he added.

 

Image via Reuters 

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Alito Refuses to Recuse From Supreme Court Case Despite Stock Ownership in Industry

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Supreme Court Justice Samuel Alito is refusing to recuse himself from a major climate case despite owning stock in several energy companies, although none in the two that are parties in the lawsuit the court will hear next term.

Citing his energy stock ownership, liberal groups have been calling for the conservative justice to recuse, and they have asked the Senate Judiciary Committee to investigate Alito’s involvement, NBC News reports. But the Supreme Court says Alito is not obligated to do so.

“Justice Alito does not have a financial interest in any party” involved in the case, a court spokesperson told NBC News in a statement. The court’s legal counsel advised that “his recusal is not required.”

ExxonMobil and Suncor Energy are fighting to have dismissed a lawsuit involving damages for climate harms, NBC News reports.

Justices are not required to recuse unless they have a direct conflict, such as specific stock ownership, a personal relationship, or a history with the case prior to their appointment to the Supreme Court.

In their letter, the liberal groups say that justices should recuse if their “impartiality might reasonably be questioned” by an “unbiased and reasonable person who is aware of all relevant circumstances.”

The liberal groups also say they have “deep concerns” about Alito’s “inconsistent history of recusals from cases from which he should be compelled to recuse under long-standing federal law.” They cite “his substantial holdings in individual oil and gas companies and other personal ties.”

They point to what they call Alito’s “irregular recusal practice in oil and gas industry-related cases,” saying that it is “undermining public confidence in the impartiality of the Court.”

NBC notes that “in 2023, Alito did recuse himself when the court turned away an appeal from the companies in the Colorado case.” That same day, “the court rejected appeals in similar cases involving other companies, including ConocoPhillips and Phillips 66. Alito also did not participate in those cases.”

But the court’s spokesperson said that Alito was “inadvertently recused” from the Colorado case.

 

Image via Reuters 

 

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