Posted by: New Class Traitor | June 30, 2010

Elena Kagan and Aharon Barak

SCOTUS nomnee Elena Kagan appears to be a big fan of Aharon Barak. Who is he, you wonder?

He was the longtime president of Israel’s BaGa”TZ (beit gavoha letzedek, Israel’s Supreme Court). Recognized by friend and foe as a brilliant legal mind, he acted as something like a legal philosopher-king who felt it was his duty to impose his enlightened vision on us benighted.

An activist’s activist judge, his most notorious quote is probably his assertion that “hakol shafit” (“everything is justiciable”/everything is subject to judicial review).

Granted, Barak operated in a legal vacuum a lot more often than his colleagues in the USA ever will, and Nature abhors a vacuum in law as well as in other things. And his activism was tempered somewhat by other factors, such as some degree of acccommodation of Israel’s security neeeds and a desire to recruit Supreme Court justices from perspectives other than his own.

in fact, this too is something he may have in common with Elena Kagan.

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