In particular, Marshall had characterized the Constitution as having been "defective" as it related to issues like slavery. Republicans hoped to use this to attack Kagan, and the RNC's Michael Steele demanded to know whether Kagan's reverence for Marshall included "support for statements suggesting that the Constitution 'as originally drafted and conceived,' was 'defective.'"
When it appeared the RNC's line was indirectly pro-slavery, the party quickly dropped the criticism. But for some reason, Republicans haven't given up on their Marshall-bashing.
As confirmation hearings opened Monday afternoon, Republicans on the Senate Judiciary Committee took the unusual approach of attacking Kagan because she admired the late justice Thurgood Marshall, for whom she clerked more than two decades ago.
"Justice Marshall's judicial philosophy," said Sen. Jon Kyl (Ariz.), the No. 2 Republican in the Senate, "is not what I would consider to be mainstream." Kyl -- the lone member of the panel in shirtsleeves for the big event -- was ready for a scrap. Marshall "might be the epitome of a results-oriented judge," he said.
It was, to say the least, a curious strategy to go after Marshall, the iconic civil rights lawyer who successfully argued Brown vs. Board of Education. Did Republicans think it would help their cause to criticize the first African American on the Supreme Court, a revered figure who has been celebrated with an airport, a postage stamp and a Broadway show? The guy is a saint -- literally. Marshall this spring was added to the Episcopal Church's list of "Holy Women and Holy Men," which the Episcopal Diocese of New York says "is akin to being granted sainthood."
With Kagan's confirmation hearings expected to last most of the week, Republicans may still have time to make cases against Nelson Mandela, Mother Teresa and Gandhi.
I often find Republican ideology to be rather twisted, but it simply never occurred to me that GOP senators would spend the first day of the confirmation hearings condemning one of the most venerated Supreme Court justices in American history.