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A Major Problem For The Solicitor General

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Solicitor General Kagan should face no serious obstacle to her confirmation to the Supreme Court –provided that all the papers concerning her time in the White House are produced and they contain no extraordinary lapses of judgment or absurd claims about the president’s constitutional powers. Kagan could even have suggested novel assertions of privilege or innovate arguments concerning existing privilege, and that would simply be a lawyer doing her job for the president.

But claiming privilege and refusing to release the papers presents a major problem for the nomination. The Obama White House has already repeatedly reneged on its promise of transparency, and a bogus claim of privilege will lead many to conclude they are hiding damaging information when in fact they are probably just sitting on material that is embarrassing to former President Clinton, not the SG.

Whatever is in the papers, they ought to be released. It is a lifetime appointment and these papers are central to understanding the SG’s qualifications to assume the position of Associate Justice. Chief Justice Roberts had also served as an Associate Counsel n the White House when he was nominated to SCOTUS. Had any of his papers been withheld, much less papers touching on a central issue of the reagan presidency –say Iran-Contra– his nomination would never have moved forward.

The Senate GOP should move to issue a letter announcing it will not allow the nomination to reach the floor unless and until all papers have been released. the sooner such a letter issues the quicker this charade can end and the hearings and vote proceed.

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The Stakes In November: Winning The Senate

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President Obama’s hard-left appointees at the Environmental Protection Agency intend to impose cap-and-tax on the nation’s fragile economy despite the fact that Congress has not passed a law directing them to do so. But since Congress won’t explicitly say “stop,” the EPA blunders on, and every business in America shudders.

The EPA intends to take unto itself life-and-death (mostly death) authority over American business despite the sheer absurdity of their pretensions being demonstrated by the president’s obvious inability to stop even one blown well from greatly damaging the Gulf. Team Obama cannot arrange for one well to stop its destruction, but they are firm int heir belief that they can indeed direct the globe’s temperature from inside the Beltway.

The Washington Examiner’s lead editorial today scolds the United States Senate for consenting to “government by EPA,” but all the criticism in the world won’t stop the takeover. Only votes in the Congress can do that.

The county will decide in less than five months whether this disastrous experiment in neosocialism will come to an abrupt but very overdue end. There is no reasoning with the Obama-Pelosi-Reid coalition of the willful and the indifferent. They just have to be beaten.

I played Barbara Boxer’s risible histrionics on yesterday’s show, and the audience laughed and laughed at the hare-brained junior senator from California.

But even though Barbara Boxer is a bad joke, the consequences of allowing her and her colleagues to “lead” the country aren’t funny at all but profoundly destructive.

This weekend dig deep and help the key GOP challengers in the critical Senate races across the country:

Carly Fiorina in California (Fiorina -6 –GOP pickup)

Ron Johnson in Wisconsin (Johnson -2 –GOP pickup)

Dino Rossi in Washington State (Rossi -1 –GOP pickup)

Sharron Angle in Nevada (Angle 11 –GOP pickup)

Mark Kirk in Illinois (Kirk 3 –GOP pickup)

Jane Norton in Colorado (Norton 6 –GOP pickup)

Marco Rubio in Florida (tied –GOP hold)

Pat Toomey in Pennsylvania (Toomey 7 –GOP pickup)

Roy Blunt in Missouri (Blunt 1 –GOP hold)

Rob Portman in Ohio (tied –GOP hold)

Dan Coates in Indiana (Coates 14 –GOP pickup)

Rand Paul in Kentucky (Paul 8 –GOP hold)

John Boozman in Arkansas (Boozman 38 –GOP pickup)

Mike Castle in Delaware (Castle 23 –GOP pickup)

John Hoeven in North Dakota (Hoeven 56 –GOP pickup)

The Republicans need to pick up nine seats in the Senate to get to a 50/50 split, and though very hard to do, it is possible.

I have arranged these candidates in a rough order –most difficult to most certain– but every race needs volunteers and money. (I will move long shot Linda McMahon in Connecticut on to the list if she closes to within 10.) If you live in the state where the race is happening, get involved on the ground as a volunteer as well as via an online contribution.

But no matter where you live, adopt one or more of these candidates and start contributing $10 or $25 or $50. And if you can afford it, contribute to them all. As yesterday’s vote showed again, the country cannot afford this Senate. The youngest Americans especially have to fight for a country that won’t be run from inside the Beltway.

Getting the Senate into responsible hands will take a lot of generosity and sacrifice in a period of time when budgets are tight and worries about the future deepening.

But it can be done, and hopefully you will either begin or continue your efforts this weekend.

How Did The Pollsters Do?

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The Race
Result May Poll April Poll

CA Senate Fiorina 35 Fiorina-15 Fiorina-7

CA Gov Whitman 38 Whitman 2 Whitman 22

NV Senate Angle 16 Angle-1 Angle-25

Ark Senate Lincoln 4 Lincoln-4 Lincoln 12

SC Gov Haley 27 Haley 10 Haley-7(March)

There are scores and scores of polls from which to pick data points, and I use these 15 different polls to illustrate that their is either incredible volatility in the electorate, that pollsters don’t know what they are doing, or that pollsters tweak their samples to get results they or their clients want –or all three.

The key takeaway of course is not to allow any poll or set of polls to influence coverage or behavior as there is very good reason to distrust any particular result, and even sets of polls from a particular point in time.

DailyKos fired its pollster yesterday. Given the terrible track record of other firms, other employers ought to stop paying the invoices as well. This isn’t a new story —Minneapolis Star Tribune readers have been treated to terrible results year-in, year-out by the obviously lefty operators of that charade known as The Minnesota Poll— but it is particularly relevant in a year in which new voters and deeply felt convictions are roiling the political waters.

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