Corruption in high places: Kagan confirmed without a fight.

When the Gang of 14 Democrats and Republicans agreed to clear the path for some Bush Administration nominees, that arrogant group’s presumption was that a president is entitled to his pick unless there are “exceptional circumstances.”

If Elena Kagan’s malfeasance does not fit “exceptional circumstances,” the term has no meaning. The GOP senators’ mild, gentlemanly resistance brings to mind Michael Dukakis’s fatally reserved response back in 1988 to the presidential debate question about how he’d feel if someone raped and murdered his wife. Uh, not good. Probably. Let me get back to you on that. (I’m paraphrasing quite loosely here.)

Ms. Kagan has a long list of questionable activities, including contempt for the law and the United States armed forces while dean of Harvard Law School. But the one that stands out is this: She falsified a physicians’ group’s document on partial-birth abortion to reflect her own view instead of theirs – and it was submitted to the Supreme Court as evidence. This is fraud, plain and simple.

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