A nun walked in on Mother Theresa while she was tending to her feminine hygiene and Mother Theresa layed into her something feirce. The nun mentioned the douche incident to her fellow nun's ...and hence the term. Mother Theresa was douch #1.
He actually has more to do with Kagan's confirmation than you would think. This is what you get when you nominate somebody with no judicial record. The closest thing she has to a judicial record is her clerking for Justice Marshall. She did the research and wrote briefs and memoranda to the Justice as a part of him reaching his decisions and authoring opinions. As much as many would like to make it a racial issue, it isn't. It is the closest thing Kagan has to a judicial record.
It isn't a racial issue as much as it is a stupidity issue. I haven't heard one person yet say which opinions of Marshall's they believe to be activism or unsound. basso did choose on other justice of all those that have sat the bench to compare Marshall to, and he chose Clarence Thomas. That might have teensy weensy bit of a racial issue to it in his case. But I do believe basso is pretty much alone in this regard.
While that may be true, I was responding to the assertion that Justice Marshall's record is irrelevant here. I am not saying anything about Marshall's record other than to say that it is relevant as to Kagan because, due to her clerkship, it is the closest thing she has to a judicial record.
I don't dispute the relevance of Kagan's work with Marshall and his record. However, Marshall's record wasn't brought up. What was implied was that he was an activist judge with an agenda, and no specifics of his record mentioned at all.
I assume that the Senator that is bringing this up is going somewhere with it. If not, then it is asinine. If he does go somewhere with it, I would hope that Kagan will be asked regarding the cases she worked on as a clerk. If not...then again asinine. We'll see...I just wanted to make the point that his record is relevant. It appears I did so.