In Sen. Session’s opening remarks at the Kagan hearings, he lambasted her for association with so-called “activist” judges—including revered civil rights defender Thurgood Marshall, the widely respected Abner Mikva, and the Republicans’ new, desperate talking point, Israeli judge Arahon Barak.
Sessions’ choice of words was interesting:
She clerked for Judge Mikva and Justice Marshall, each a well-known liberal activist judge. And she has called Israeli Judge Aharon Barak-who has been described as the most activist judge in the world-her hero.
Let’s take a look at who has been describing Judge Barak as the “most activist judge in the world”:
On Wednesday, Judge Robert Bork, whose own Supreme Court nomination in 1987 resulted in a Senate vote against confirmation, said Judge Barak “may be the worst judge on the planet, the most activist,” and argued that Ms. Kagan’s admiration for him is “disqualifying in and of itself.”
Yes, that’s Judge Robert Bork, the ultra-conservative whose Supreme Court nomination was sunk 23 years ago, and has been going to bat against Democratic Supreme Court nominees ever since.
This isn’t about Barak or about a real threat of “judicial activism”—it’s about Senate Republicans desperately reaching for something to distort.
UPDATE: Sen. Jon Kyl is singing the same tune on Barak. Is this really all they have?