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Kagan Business Basher

Mort Zuckerman is no right winger, but even Mr. Zuckerman realizes that Obama views American businesses as the enemy:

What is the Obama administration’s theme?  “Can we make the economy worse?  YES, WE CAN!”

How does Obama plan on destroying the American economy ,thereby driving unemployment ever higher?  By regulating and taxing businesses into oblivion.  Legislation passed by career Democrat politicians is  not only bankrupting businesses, but also creating so much uncertainty and financial instability that businesses are afraid to hire and unable to borrow.  Americans want jobs, not more unemployment benefits!  The first step to turning the economy around is to  lower taxes and repeal  Obamacare.

Obama’s disdain for business is evident by his Supreme Court nominee , Elena Kagan.  The woman is a one-man business wrecking crew who believes businesses have, basically, no legal rights:

While Congress is claiming it wants to help small business, confirming Kagan could mean great harm to business owners crippled by costly regulation. Based on her writings and her arguments as Obama’s solicitor general (which is all we have to go on, since she has never served on the bench), not only is Kagan likely to rule against constitutional challenges to Obamacare, Dodd-Frank, and other onerous laws, but she is also likely to do what she can to make it nearly impossible for smaller “regulated firms,” as she calls them, to have their day in court in the first place.

Yet in preparing legal briefs for the Obama administration, Kagan effectively argued that small businesses that object to a particular law or regulation as unconstitutional should be held hostage to the administrative-review process of the agency responsible for enforcing that law or regulation. According to Kagan, “regulated firms” should have no standing to bring a constitutional claim to federal courts until they “exhaust” every remedy at the regulatory agency.

Kagan’s prescription would be an unaffordable option for the vast majority of small businesses, as they could spend years in the exhausting “exhaustion” process before they could seek relief in court. This radically restrictive view of legal standing to challenge agency authority has been rejected by Democratic-appointed judges in federal courts and was given a stinging rebuke late last month by the U.S. Supreme Court in the landmark case Free Enterprise Fund v. Public Company Accounting Oversight Board.

What Kagan essentially was saying was that a small business cannot challenge a regulation in court, no matter the reason and no matter the impact on its bottom line, until the government agency has taken its own sweet time — whether that is months or years — reviewing the challenge.

But wait!  It only gets better:

No problem, says Kagan’s brief: All a business has to do is simply break the law.

What universe does this woman live in?

Happily,  we have Chief Justice Roberts to slap down this nonsense:

Fortunately, the Supreme Court wasn’t comfortable with Kagan’s proposition that a firm needs to break laws in order to get access to justice. Noting that Beckstead & Watts would face “severe punishment should its challenge fail,” Chief Justice John Roberts wrote dryly in the June 28 opinion, “We normally do not require plaintiffs to bet the farm by taking the violative action before testing the validity of the law, . . . and we do not consider this a meaningful avenue of relief.”

Kagan should be grilled on her anti-business views, but the Republican Senators are giving this nominee a pass.  We need Senators and Representatives with real life experiences, not more career politicians who just go along to get along.  The four Republican candidates below would all bring records of a strong work ethic, common sense, and personal accomplishments to their jobs.  We can’t rely on the Supreme Court to fix bad legislation.  We must elect legislators interested in serving America, not just getting a cushy Congressional job.  The four Republicans below – Tim Scott, Ron Johnson, Michael Faulkner, and Steve Moak -are some of the cream of the crop running nationwide .  I hope you will check out their positions, as well as, their expertise.

Thanks to John Berlau for his excellent article at National Review.  Read it all: Elena Kagan’s War on Small Business


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