While all the politicians and pundits this week are busy debating the competency of Elena Kagan, it happens every so often that they make themselves a much more interesting topic For instance, Vermont Senator Patrick Leahy, dismissing the most controversial issue surrounding Kagan (she challenged the campus access of military recruiters), stated that "she's being nominated for the Supreme Court, not the secretary of defense."

Perhaps Senator Leahy's competency deserves the scrutiny currently afforded to Kagan. It was the Supreme Court, so disconnected from events in Leahy's mind, that struck down Kagan's argument (In a landslide 8-0 decision). Not the DoD.

In what possible crevice of irrationality is Leahy residing, where confirmation to the Supreme Court limits your influence on governmental policy?