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The issue of the composition of the US Supreme Court is increasingly crucial for all Americans, who are horrified by Israel’s devastation of Gaza, its threats to launch a nuclear attack on Iran and its Fifth Column’s efforts to drag us into a third war in ten years.

By James Petras / My Catbird Seat


No doubt Kagan had been very busy as the greatest fundraising Law School Dean in Harvard’s history ($400 million), which may account for the fact that she never found time to write a single academic article during her nine year tenure (2001-2009) - Prof. James Petras


President Obama has nominated Elena Kagan for Justice of the United States Supreme Court on the basis of an academic publication record, which might give her a fighting chance for tenure at a first rate correspondence law school in the Texas Panhandle.

A review of her published scholarship after almost two decades in and out of academia turns up four law review articles, two brief pieces and several book reviews and in memoriam.  There is nothing even remotely resembling a major legal text or research publication.

Her lack-luster academic publication record is only surpassed by her total lack of any practical experience as a judge: zero years in adjudication, unless one accepts the line of her exuberant advocates, who point to Kagan’s superb ability in adjudicating among the squabbling faculty at Harvard Law School when she served as Dean.  No doubt Kagan had been very busy as the greatest fundraising Law School Dean in Harvard’s history ($400 million), which may account for the fact that she never found time to write a single academic article during her nine year tenure (2001-2009).

The criteria for her appointment to the Supreme Court have little to do with academic performance as it is understood today in all major universities.  Nor does her total inexperience as a judicial advocate compensate for academic mediocrity.

The evidence points to a purely political appointment based, in part, on social networks and certainly not on her lack of affinity for the agenda of the liberal wing of the Democratic Party.  Kagan’s approval of indefinite detention of suspects squares with the extremist restrictions on constitutional freedoms first articulated during the Bush Administration and subsequently upheld by President Obama’s Attorney General Eric Holder.  It is no coincidence that Kagan appointed a notorious Bush torture advocate, the genial Jack Goldsmith, to the Harvard Law faculty.

Elena Kagan’s appointment certainly was not based on “diversity”.  She will be the third Jew on the Supreme Court and, together with the six Roman Catholics, will decide the most critical cases with far-reaching and profound impact on citizens’ rights and protections.  For the first time in US history the nation’s largest demographic group, the Protestants (of any hue or gender), will have no representative on the Court, thereby excluding the descendents, like retiring Justice Stevens, of the brilliant, strongly secular judicial heritage that formulated the US Constitution, the Bill of Rights and its amendments.

Kagan’s nomination to the US Supreme Court is not exceptional if we consider many of Bush and now Obama’s choices of advisers and officials in top policymaking posts.  Many of these officials combined their diplomas from Ivy League universities with their absolutely disastrous performances in public office, which no amount of mass media puff pieces could obscure.  These Ivy League mediocrities include the foreign policy advocates for the destructive and unending wars in the Middle East and Afghanistan and the leading economic advisers and officials responsible for the current financial debacles.  The names are familiar enough:  Wolfowitz, Feith, Abrams, Levey, Greenspan, Axelrod, Emmanuel, Indyk, Ross, Summers, Rubin, et al: Prestigious credentials with mediocre, or worse, performances.  What is the basis of their rise?  What explains their ascent to the most influential positions in the US power structure?

One hypothesis is nepotism . . . of a certain kind.  Elena Kagan got tenure at the august halls of the University of Chicago in 1995 on the basis of one substantive article and one brief piece, neither outstanding.  With this underwhelming record of legal scholarship, she became visiting professorship at the Harvard Law School, published only two more articles (one in Harvard Law Review) and received tenure.  Prima facie evidence strongly suggests that Kagan’s ties to the staunchly Zionist faculty at both Chicago and Harvard Law Schools (and not her intellectual prowess) account for her meteoric promotions to tenure, deanship and now the US Supreme Court, over the heads of hundreds of other highly qualified candidates with far superior academic publication records and broader practical judicial experience.

The public utterances and political writings of innumerable Harvard, Princeton, Chicago, Yale, John Hopkins professors, whether it be on the speculative economy, Israel’s Middle East wars, preventative detention, broad presidential powers and constitutional freedoms are marked by a singular mediocrity, mendacity and an excess of hot air reeking of the barnyard.

If you do not qualify on the basis of excellent scholarship or broad-based practical experience, your ethnic tribesman will wax ecstatic over you as a “wonder colleague”, a “superb teacher”, a “brilliant consensus builder” and a “world champion fund raiser”.  In other words, if you have the right ethnic connections and political ambitions, they can adjust the criteria for tenure at the University of Chicago, the deanship at Harvard Law School and a lifetime appointment to the US Supreme Court.

Elena Kagan joins a long list of key Obama appointees who have long-standing ties to the pro-Israel power configuration.  Like Barack Obama, Elena Kagan started her legal apprenticeship with the Chicago Judge Abner Mitva, an ardent Zionist, who hailed the newly elected President Obama as “America’s first Jewish President”, probably his soundest judgment.

The issue of the composition of the US Supreme Court is increasingly crucial for all Americans, who are horrified by Israel’s devastation of Gaza, its threats to launch a nuclear attack on Iran and its Fifth Column’s efforts to drag us into a third war in ten years.  With the Presidents of the Major American Jewish Organizations pressing the compliant US Congress to declare “anti-Zionism” as a form of “anti-Semitism” and “opposition to Israel’s policies” as amounting to “support for terrorism”, thus criminalizing Americans critical of Israel, another active pro-Zionist advocate on the Court will provide a legal cover for the advance of Zionist-dictated authoritarianism over the American people.

Yes, Kagan would be another woman on the Supreme Court.  Yes, she would probably adjudicate conflicts among the judges and strengthen Obama’s police powers.  And yes, she would likely favor your indefinite detention if you support the right of Palestinians to struggle (“terrorism”) against the Israeli occupation . . . especially if you defend America against Israel’s Fifth Column.

But remember when you apply for Ivy League law school appointment or a top judicial post and your CV lacks the requisite publications or work experience, just ask Judge Abner Mikva or Larry Summers or Rahm Emmanuel for a recommendation.  With such support you will shoot ahead of the competition. . . because you have the right ethnic connections.

James Petras is a Bartle Professor (Emeritus) of Sociology at Binghamton University, New York. He is the author of 64 books published in 29 languages, and over 560 articles in professional journals, including the American Sociological Review, British Journal of Sociology, Social Research, Journal of Contemporary Asia, and Journal of Peasant Studies. He has published over 2000 articles.

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12 Comments

  1. Anthony Joseph Geha Yuja on the 13. May, 2010 remarked #

    Another superb and compelling analysis by Prof. Petras on the suffocating power of the zionist lobby in the US which continues to distort and corrupt the moral and political principles on which America was founded. This lobby has been at the forefront in orchestrating the wars in Iraq and Afghanistan whilst supporting Israel’s brutal occupation and piece by piece colonization of Palestine. With Kagan’s undeserved appointment to the Supreme Court and in view of her outrageous positions on torture and arbitrary detention, Americans are getting closer to losing their once vaunted democracy and constitutional rights.

  2. Robert H. Stiver on the 13. May, 2010 remarked #

    A needed and courageous analysis by Professor Petras. He’s the first I’ve noted to address with any forthrightness the “tribal” associations connected with Kagan’s nomination. I fully expect her to be confirmed by the Zionist-compliant Senate and for her probable-40-year-reign as a sitting Justice to be heavily weighted toward an Israel-first mindset…treasonous conduct when viewed by anyone with America’s vital national interests foremost in mind.

  3. jojo on the 13. May, 2010 remarked #

    Corection to
    (“tribal” associations)
    instead ” Cult” associations

  4. Guy Jones on the 13. May, 2010 remarked #

    I want to remind Americans that a similar process has been in place in all western countries.

    Wars are perpetrated against countries of strategical interest that could not be “infiltrated ”

    Through their media’s propaganda ,they use us as their tools (canons fodder)to pursue their global agenda.

    Once the gentil’s majority get that picture the game will be over.All it takes is to stop being their tool.

  5. robertsgt40 on the 13. May, 2010 remarked #

    Right on target. Hats off in the effort to stand up to the “lobby”. Stronly recommend reading “The Protocols of the Learned Elders of Zion” for those not fully in the sunshine. http://www.biblebelievers.org.au/przion1.htm

  6. Stateship on the 13. May, 2010 remarked #

    A review of the information at the following website may prove to be instructive on issues raised in this article:

    http://www.bigeye.com

  7. Jackson on the 14. May, 2010 remarked #

    This is a courageous and insightful essay on Kagan’s abundant disqualifications and ludicrous experience. I view her as a NWO fifth column Zionist implant whose task is to further erode and corrupt American society, and spill it’s blood. This nomination won’t do. I fear this may be the straw that breaks the camel’s back. For some reason I can’t fathom, I have a primal disgust over this whole affair, over the whole Jewishness of it, over the awakening sense, that the Israelis indeed are never going to lay off, and that we need to start standing up together against these Israelis with the same attitude they have toward us – no quarter given.

  8. flek on the 14. May, 2010 remarked #

    Why do Americans as a people allow the Israeli’s the power to control our foreign policy, and a lot more?
    They are bankrupting the country with the federal reserve and suckering us into endless wars…that only benefit them.
    Just sad.

  9. dingo dawg on the 14. May, 2010 remarked #

    She’ll still get corn-firmed, if you get my drift, as she is, after all, another smirking zionist mossad plant in yet one more U.S. government post.

    It’s too late to save the U.S. from it’s affliction of israeli spies. These dual passport holders in most cases, and out and out mossad operatives, such as Rahm Emanuel, hold the positions that pull the puppet (obama) strings.

    I do have hope, however. I do envision the day when people do exactly like what the brave citizens of Iceland do, and just en-masse march on their government here, and take it back, using whatever means is necessary to do so.

    We need an amendment to the U.S. Constitution that says; “no Israeli citizen, or known member of the MOSSAD, or zionist, may hold office in the U.S., not even dog catcher..”

    This needs to be done someday when America has shed itself of the israeli fleas and ticks who bleed it, foment wars for it to fight in, and loot and pillage it.

    It’s time for the Kagans and the Chertoff’s and the Schumer’s and the rest of these zionist pieces of sh*t to be put on an El Al flight back to Tel Aviv, and told to never come back. This means you, Zelikow, and you, Libby, and you, Addington, and Abrams…and Wolfowitz, and Feith!!! EVERY LAST ONE OF YOU!

  10. Earlaiman on the 14. May, 2010 remarked #

    Dingo-dawg… spot on!

    Fleas and tics… we are indeed infested.

    Read Aesop’s fable of the Old Fox and the Young Fox, and decide, if you can, which one is the wisest… the old fox who submits to his familiar and bloated fleas, or the Young Fox who stands nose deep in the cold river to periodically rid himself of the blood leeching fleas, only to return to the woods to recruit a new and even more blood-thirsty, hungrier batch of fleas!

    The moral of the story as I read it is: the fleas will be fed, nonetheless!

    Thucydides said “Man never learns from his history, and therefore is doomed to repeat it.”

    Einstein said “The definition of insanity is when one repeats the same behavior over and over again, while expecting different results”

    Cicero named all we mere mortals “fools.”

    We are all born ignorant in a sense. But only a fool will chose to remain that way.

    What is the current functional illiteracy rate in America? What is the trend?

    Why?

    Go figure! Is it time to wake up, yet?

    – Earlaiman

  11. Howard T. Lewis III on the 03. Jul, 2011 remarked #

    Militancy based on the power acquired with printing the money and acquiring the TV news networks. Like the CFR. Spawn of the Reockefellers. Big deal. Use that money and sneak, sneak, sneak. If I had that kind of bread, I would be more successful because I would not consider my race superior enough to justify killing and stealing everything not already mine. Nor would I consider Kagan’s or Scalia’s faith adequate to justify killing and stealing everything not already mine. The American people want all the goodies, but want it for free. The CFR gives them TV, so the masses can pretend they have it all until it is too late. They still think the Constitution fell out of a cereal box. They don’t think much, unfortunately.

  12. SWP on the 03. Jul, 2011 remarked #

    From dingo dawg…”We need an amendment to the U.S. Constitution that says; “no Israeli citizen, or known member of the MOSSAD, or zionist, may hold office in the U.S., not even dog catcher..”” That is the same kind of talk that has gone around many times before through the ages in many different Countries about these people.One of the last Countries that talked that way and tried to do something about it ended up being destroyed.But yet here we are needing to get rid of the same old problem that has risen again in force.This time though I believe it has to be not only one nation that outs them but a world wide attempt to finally rid what has become a global problem.Like I have always said “they are their worst enemy” they never know when to stop the evil they do and it ends up bringing a solution to the problem that most don’t like to contemplate on cause of the remedy to the problem.

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