Attack Kagan but leave Thurgood Marshall out of it

The RNC is now attacking Elena Kagan's ties to the iconic Supreme Court justice, Thurgood Marshall. Thurgood Marshall was the first African American Supreme Court justice, serving the high court from 1967-1991. He presided over many major rulings notably Roe v. Wade. He put individual rights above all else in his decisions and understandably came down on the left side of the court. He is arguably one of the best Supreme Court justices we have had this century.

There is nothing to excuse this indecency. They are attacking Elena Kagan's agreement with Marshall's 1987 remark in which he called the constitution "defective" and said it was the duty of the court to stand up for those disadvantaged by the law. There is absolutely nothing wrong with this. The conservative wing of the court has no problem saying the constitution is flawed when they want to amend it to include a clause that bans gay marriage. So why is saying the lack of an Equal Rights Amendment is a bad thing? Why does saying that all people should be protected under the law make you a liberal or conservative justice? Even if you agreed with this principle, lets show some respect for a man who helped facilitate great positive change in this country.

As for the criticism of Kagan, her assumed liberal views should not be a sticking point in the debate over her conformation. John Paul Stevens was the leader of the liberal wing. Placing another liberal in his position should not be a problem for any decent senator. This being said, it is not even known if she is a liberal senator. Many of her friends say they do not even know of her judicial interpretation. I'd advise Obama to do a little research to avoid another David Souter-like mix up.