Wednesday: it’s the new Tuesday; “Legally Blonde” or Legalese Kagan?

Many warned us that, because of the impending November elections, Elena Kagan’s Senate Confirmation hearings this week were going to be more political theatre than usual. That would imply that it was ever theatre to begin with. Unless a person clerks for the Supreme Court, is unusually wonkish, or retains useless information for no apparent reason, about the only moment the average American can recall of any of these proceedings over the past twenty-five years is something about a pubic hair on a can of Coke.
When I think of theatre – good theatre – I think of a compelling script, characters having an arc within the story and, if I’m lucky, an unexpected denouement. Heck, if I’m willing to shell out the money (averaging $80 a ticket), I’ll even get a song, a dance and a little seltzer down my pants.
I’ve tried hard to find out just what these Supreme Court nominee confirmation hearings cost, but it’s unclear. The Congressional Budget Office doesn’t exactly keep tabs. They’re too busy trying to figure out whether the Multinational Species Confirmation Funds Semipostal Stamp Act of 2010 is going to cost money and whether pay-as-you-go procedures apply. Regardless, let’s all agree that having tables set up with water pitchers and glasses, dozens of chairs, microphones working, lights on and cameras rolling isn’t a zero-sum game.
Each of the senators from the Judiciary Committee on Monday was allowed an opening statement – all NINETEEN of them – before asking questions of Solicitor General Kagan on Tuesday. Couldn’t the Dems and the GOP just pick one person each to deliver their collective thoughts? I dare you to come up with a memorable line from any of them. “Worryingly, Kagan made a lot of political decisions when she was a political adviser to President Clinton,” is what Chuck Grassley (R-Iowa) said. First of all, “worryingly” is awkward. I would have started, “It concerns me…” but, then again, I’m not running for re-election in the fall. (Grassley is an Iowa institution. He hardly has anything to feel “worryingly” about.)
Senator Jeff Sessions (R – Alabama) spent entirely too much time trying to get Kagan to admit she was pushing a homosexual agenda while dean at Harvard Law School when she upheld limits on campus military recruitment because of the Don’t Ask, Don’t Tell policy. Honestly, what did Sessions expect her to say? “Senator Sessions, it’s true many think I’m a lesbian and I do have a soft spot in my heart for women who play softball and men who are friends of Dorothy…”
Now, if a taxpayer from the DC area were to take their money, currently being used for these Senate charades, and put it towards, let’s say, seeing the Broadway tour of “Legally Blonde” in Virginia come August, they’d get this about Harvard: “I did the Peace Corps overseas/Inoculating refugees…But now I’m on the legal track/Because this country’s out of whack/And only women have the guts to go and take it back…Harvard’s the place for me.” Afterwards, the taxpayer would get a dance number and leave with a souvenir playbill. There’d be memories of an enjoyable evening out.
If you were forced to get a ticket to the Kagan hearings, at the very least you’d probably be able to fit in a nap (wearing shades inside, of course) and not really miss a thing. Oh sure, pundits are commenting on what a good sense of humor Kagan has. She’s hinted at possessing the wit of a fun dinner guest, but she’s hardly slaying ‘em in the aisles. For that matter, neither is former comedian, Minnesota senator Al Franken, although he was smart enough and good enough to get a little shuteye and sketch some pictures and doggone it, people like him.
It’s important to keep in mind that the Supreme Court justices are not supposed to be political. Why then are their confirmations anything but? Of course, no nominee should ever get the rubber stamp after being properly vetted, but even the Republicans have all but admitted that Kagan will be confirmed, probably by a vote of twelve in favor (Democrats) to seven against (Republican). So my question is, why are we spending the money to put on this show? Sure, it’s not even close to the $1 billion spent by Canada for the G-8 and G-20 summits last week which bought them a fake lake, but the hearings feel and look more like a boondoggle every day. Though Kagan once said she thought the Bork hearings of the 1980s were “the best thing that ever happened to constitutional democracy”, neither she nor the senators asking the questions seem willing to emulate them. The same can be said about the confirmation of Roberts, Alito and Sotomayor before Kagan.
In conclusion (the legalese is creeping in), I’d like to propose that some of our tax money spent these past few days by the Senate Judiciary Committee be given back to those living near the Beltway, or vacationing close by in a month. Payment should come in the form of orchestra seats to “Legally Blonde”, playing August 12-15 at the Wolf Trap Theatre in Vienna, Virginia, a mere thirty minutes from the Kagan hearing room (without traffic) on Capitol Hill. Trust me; Elle Woods will give them their money’s worth. These hearings will…yawn…not.




