Elena Kagan Will Make a Fine Supreme Court Justice


Luke, the man whose booty-shaking madness once made the U.S. Supreme

Court stand up for free speech, gets as nasty as he wants to be for Miami New Times.

This week, Luke analyzes Elena Kagan's nomination to the highest court

in the land.


happy to see that Barack Obama nominated Elena Kagan to the U.S. Supreme

Court. Even if he doesn't win the next election, by installing two

intelligent, nonpartisan women as justices, the president has already

cemented his legacy.

Sonia Sotomayor and Kagan (if she is confirmed)

will be on the bench long after he has left the Oval Office.




Kagan is the perfect person for the job.

In 1989, Broward County Sheriff Nick Navarro banned the sale of our

album, As

Nasty as They Wanna Be,

and a federal judge backed him. We appealed. The next year, Kagan, who

was working at a Washington, D.C. law firm, wrote a brief that argued

the album "does not physically excite anyone who hears it, much less

arouse a shameful and morbid sexual response."

In other words,


homegirl Kagan was saying people could not be aroused by the lyrics

"'cause my dick's on bone" or "me so horny, me fuck you long


She realized these words did not meet the standard of appealing

to prurient interests. She did a great job fighting on 2 Live Crew's

behalf, which lets you know that Kagan is not easily swayed by public

opinion or by politicians with their own hidden agendas. She

is not going to let any person or group tell her what is right or wrong.

Kagan will judge each case based on the law of the land. She has


she can protect the Constitution by doing the fine work she did to


2 Live Crew's freedom of speech.


fact, Kagan is such an ideal candidate that the right-wing, Tea Party

Republicans have resorted to attacking her because she admires the late

Thurgood Marshall, who was the first African-American named to the


Court. She once clerked for him. As a tribute to her mentor when he

died, Kagan noted that Marshall viewed the Constitution as "defective"

because the original draft allowed slavery to flourish.

During the first day of her

confirmation hearings this past June 28, one of the Senate Judiciary

Committee Republicans, Alabama Sen. Jeff Sessions, showed no respect

for Marshall -- the great-grandson of a slave. With

the late justice's son Thurgood Jr. in the audience, Sessions criticized

Kagan for associating herself with "well-known activist judges who

have used their powers to redefine the meaning of our constitution."

He named Marshall.

I guess when Sessions refers to "our constitution,"

he's referring to the version before the 13th and 14th amendments

were passed and when his great-grandparents owned a plantation stocked

with slaves.

Sessions and the other Republicans who trashed Marshall are resorting

to that same old hateful rhetoric that has come to define the Tea Party

movement. They want us to think venerating Thurgood Marshall is a bad

thing. That shows you we have a long way to go in this country.


Luke on Twitter: @unclelukereal1.

We use cookies to collect and analyze information on site performance and usage, and to enhance and customize content and advertisements. By clicking 'X' or continuing to use the site, you agree to allow cookies to be placed. To find out more, visit our cookies policy and our privacy policy.


Join the New Times community and help support independent local journalism in Miami.


Join the New Times community and help support independent local journalism in Miami.