Politics Plus

She was not my choice for this post, and I am disappointed at her selection.

President Obama Monday will officially nominate Solicitor General Elena Kagan for the vacant seat on the Supreme Court, his second selection for the high court. Multiple news outlets and the Associated Press are reporting that Kagan, 50, is Obama’s choice to replace retiring Justice John Paul Stevens.

She has never tried a case in court but was considered an early favorite for the job, causing intense speculation Friday as the White House defended her record and some publications said it was highly likely she’d be his pick. Kagan served as a clerk in the late 1980s for Supreme Court Justice Thurgood Marshall and was a clerk for the D.C. Circuit Court of Appeals. She worked at a private Washington law firm before taking a job in the Clinton administration.

Kagan is the first woman to hold the solicitor general post and until she took that position she was dean of Harvard Law School, also the first female to hold that job. Under her six-year tenure Kagan helped the law campus open new buildings and she updated the curriculum. She also was recognized for fundraising prowess. But Kagan banned military recruiters from campus, a sure lightning rod issue the GOP will focus on during her confirmation hearings.

She was a Harvard professor with courses on administrative law, constitutional law, civil procedure and issues involving the separation of powers until becoming dean in 2003. She was nominated to the Harvard dean position by Larry Summers, then Harvard president and now chief Obama economic adviser. She served in the Clinton White House’s Domestic Policy Council.

She and Obama both taught at University of Chicago law school. She attended Princeton and Oxford and, like Obama, received her law degree from Harvard. She also was one of the editors of the Harvard Law Review.

In March 2009 Kagan was confirmed by the senate on a 61-31 vote. Seven Republicans voted in favor of her nomination, joining all of the Democrats. (Sen. Arlen Specter – then a Republican – was among Kagan’s opponents.) Her nomination to the D.C. Circuit Court of Appeals by President Clinton in 1999 was blocked by Republicans… [emphasis added]

Inserted from <TPM>

Here is some more background on her.

…Kagan is uniformly regarded as extremely smart, having risen to two of the most prestigious positions in all of law:  dean of Harvard Law School and Solicitor General.

In government and academia, she has shown a special capacity to bring together people with deeply held, conflicting views.  On a closely divided Supreme Court, that is an especially important skill.

Conservatives who she has dealt with respectfully (for example, Charles Fried and former Solicitors General to Republican Presidents) will likely come forward to rebut the claim that she is an extreme liberal.

She would also be only the fourth woman named to the Court in history, and President Obama would have named two.  At age 50, she may serve for a quarter century or more, which would likely make her the President’s longest lasting legacy.

As with John Roberts, her service in a previous presidential Administration exposed her to a number of decisionmakers [sic], who have confidence in her approach to legal questions.

The fact that she lacks a significant paper trail means that there is little basis on which to launch attacks against her, and no risk of a bruising Senate fight, much less a filibuster.

And finally, one point is often overlooked:  Kagan had some experience on Capitol Hill and significant experience in the Executive Branch, not only as an attorney in the White House counsel’s office, but also as an important official dealing with domestic affairs.  She has thus worked in the process of governing and does not merely come from what has recently been criticized (unfairly, in my view) [not in mine] as the “judicial monastery.”… [emphasis added]

Inserted from <SCOTUSblog>

This citation is only a small part of an extensive article that covers her career and positions in depth.  I strongly urge you to click through and read it in its entirety.

While not the best choice, she is not the worst either.  On the plus side, she has the intellectual acumen to serve as a foil to that lying SOB, John “I promise to respect stare decisis” Roberts.  Also, while Dean at Harvard, she did oppose allowing military recruiters on campus, because they discriminate against LGBT people.  Furthermore, I like the idea that she is not a judge and can bring a more real life perspective to the Court.  On the minus side, she appears to have too much respect for executive privilege.

I don’t her having an effect on the current balance of the court.  At worst, she will move the the Court only a slight nudge to the right.

When Obama announced her nomination today, she will go under the microscope, and we will learn more about her.  Before I commit myself to supporting or opposing her nomination, I want to see what we find out.

Update: It’s official.

Here is a the best scenario we have to date about exactly what happened.

The deadly blowout of an oil rig in the Gulf of Mexico was triggered by a bubble of methane gas that escaped from the well and shot up the drill column, expanding quickly as it burst through several seals and barriers before exploding, according to interviews with rig workers conducted during BP’s internal investigation.

While the cause of the explosion is still under investigation, the sequence of events described in the interviews provides the most detailed account of the April 20 blast that killed 11 workers and touched off the underwater gusher that has poured more than 3 million gallons of crude into the Gulf.

Portions of the interviews, two written and one taped, were described in detail to an Associated Press reporter by Robert Bea, a University of California Berkeley engineering professor who serves on a National Academy of Engineering panel on oil pipeline safety and worked for BP PLC as a risk assessment consultant during the 1990s. He received them from industry friends seeking his expert opinion.

A group of BP executives were on board the Deepwater Horizon rig celebrating the project’s safety record, according to the transcripts. Meanwhile, far below, the rig was being converted from an exploration well to a production well.

Based on the interviews, Bea believes that the workers set and then tested a cement seal at the bottom of the well. Then they reduced the pressure in the drill column and attempted to set a second seal below the sea floor. A chemical reaction caused by the setting cement created heat and a gas bubble which destroyed the seal.

Deep beneath the seafloor, methane is in a slushy, crystalline form. Deep sea oil drillers often encounter pockets of methane crystals as they dig into the earth.

As the bubble rose up the drill column from the high-pressure environs of the deep to the less pressurized shallows, it intensified and grew, breaking through various safety barriers, Bea said.

"A small bubble becomes a really big bubble," Bea said. "So the expanding bubble becomes like a cannon shooting the gas into your face."

Up on the rig, the first thing workers noticed was the sea water in the drill column suddenly shooting back at them, rocketing 240 feet in the air, he said. Then, gas surfaced. Then oil.

"What we had learned when I worked as a drill rig laborer was swoosh, boom, run," Bea said. "The swoosh is the gas, boom is the explosion and run is what you better be doing."

The gas flooded into an adjoining room with exposed ignition sources, he said.

"That’s where the first explosion happened," said Bea, who worked for Shell Oil in the 1960s during the last big northern Gulf of Mexico oil well blowout. "The mud room was next to the quarters where the party was. Then there was a series of explosions that subsequently ignited the oil that was coming from below."

According to one interview transcript, a gas cloud covered the rig, causing giant engines on the drill floor to run too fast and explode. The engines blew off the rig and set "everything on fire," the account said. Another explosion below blew more equipment overboard.

BP spokesman John Curry would not comment Friday night on whether methane gas or the series of events described in the internal documents caused the accident.

"Clearly, what happened on the Deepwater Horizon was a tragic accident," said Curry, who is based at an oil spill command center in Robert, La. "We anticipate all the facts will come out in a full investigation."

The BP executives were injured but survived, according to one account. Nine rig crew on the rig floor and two engineers died… [emphasis added]

Inserted from <Raw Story>

The irony of the BP executives’ presence and their survival when workers died is inescapable.  This may also explain the GOP leaders’ insistence that we continue to expand offshore drilling.  They are so used to spewing methane themselves that they don’t see how dangerous it is.

Speaking of methane, it’s still causing problems.  In yesterday’s open thread, I reported that BP had placed the dome over the biggest leak.  They had to move it.  I thank my friend Diane for the tip to this article.

London-based BP Plc’s plan to lower a giant containment dome to trap oil from a blown-out Gulf of Mexico oil well on the sea floor hit a technical obstacle on Saturday in the form of methane hydrates, or flammable ice, a BP executive said on Saturday.

BP officials are scrambling for a solution after methane hydrates stopped up the 98-ton containment dome as they were maneuvering it into place, Doug Suttles, BP’s chief operating officer, told reporters at a briefing in Robert.

"As we were placing the dome over the leak source a large volume of hydrates formed inside the top of the dome, requiring us to move the dome to the side of the leak point," Suttles said. "I wouldn’t say it’s failed yet."

The four-story structure, BP’s only short-term hope of controlling the leak, is supposed to redirect the unchecked flow of crude from nearly one mile below the water and, once connected, pump it to a surface tanker.

If the dome plan fails, BP faces the prospect of drilling a relief well to cut off the leaky oil well, which could take two to three months. A giant oil slick from the gush of oil threatens to create an environmental disaster for four Gulf Coast states.

Methane hydrates — a slush of frozen hydrocarbons and water that form in the deep, cold conditions at the leak site — began clogging up the opening in the dome, forcing them to set the structure aside, Suttles said.

The dome is now resting on the ocean floor about 200 meters (660 ft) from the leak source, and it could take 48 hours or more to find a workaround, Suttles said.

Those could include using hot water to heat up the hydrates at the ocean floor, or using hydrocarbons like methanol to thin them out, Suttles said.

Suttles said BP is mulling two other short-term fixes, including installing a new blow-out preventer on the leak site and trying to clog up the existing failed blow-out preventer with an injection of rubber and other solids, known as a "junk shot."

Hydrates are highly flammable and present a danger to BP workers on ships above the leak. If they dethaw in an uncontrolled manner, they could send a flood of natural gas to the top of the ocean surface and potentially ignite.

Ironically, methane hydrates are a promising future energy source in themselves, but researchers are still searching for ways to safely harness them… [emphasis added]

Inserted from <The Bay Ledger>

There’s one part of this story that has not gotten adequate coverage.  Since I’m telling this from memory, I’m including no dates, but the sequence of events is correct.  Halliburton was a relatively small company, when Dick “ChickenHawk” Cheney gave them their first big government contract, when he was at Defense during the GHW Bush administration.  When Bill Clinton defeated GHW, Cheney lost his job at Defense, and Halliburton made him CEO.  He used his Defense Dept. contacts to help Halliburton get more federal contracts.  Cheney was elected granted the Vice Presidency by the GOP extremists at SCOTUS.  With his pockets stuffed with Halliburton stock options, Cheney enabled them to receive billions in no bid contracts in the Bush/GOP War for Oil and Conquest of Iraq.

When Cheney took office, the Materials Management Service (MMS) had written and was on the verge if implementing a regulation that would require offshore oil platforms to use emergency shut off valves that are required virtually everywhere in the world except here.  Cheney gutted the MMS, firing the competent people there and replacing them with his cronies.  He held secret meetings with energy executives and allowed them to write this nation’s energy policy.  The regulation was never adopted, BP got to save $500,000 by using blow-out preventers with a proven track record of failure, and Halliburton, despite their shoddy work record, mysteriously took over the hazardous job of cementing oil wells.

BP’s top executives are Brits.  That makes Dick Cheney the single American most responsible for this tragedy.  This is how the GOP manages business, and is why they must never again be allowed back in power.

I promised that when I had the list of Democrats who voted against the Brown Amendment, I would share it.  Here it is:

Daniel Akaka, Max Baucus, Evan Bayh, Michael Bennet, Tom Carper, Kent Conrad, Chris Dodd, Dianne Feinstein, Kirsten Gillibrand, Kay Hagan, Daniel Inouye, Tim Johnson, John Kerry, Amy Klobuchar, Herb Kohl, Mary Landrieu, Frank Lautenberg, Claire McCaskill, Robert Menendez, Ben Nelson, Bill Nelson, Jack Reed, Chuck Schumer, Jeanne Shaheen, Jon Tester, Mark Udall, Mark Warner

Three Republicans voted for it for political reasons, knowing that it lacked the votes for passage.

Joe Lieberman goose-stepped with his GOP cronies and voted NO as well.

If one of these is yours, I urge you to contact them and voice your disapproval.  If yours voted the right way, I urge you to call your Senators and ask them to kick Lieberman’s worthless GOP ass out of the Democratic Caucus and strip him of his Homeland Security chair.

To Contact your Senators, CLICK HERE.