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Oppose Kagan for the Supreme Court

by: the american conservative union | published: 06 30, 2010

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Should all Republican Members of the United State Senate oppose the nomination of Elena Kagan for the Supreme Court?

We have placed a survey on our response system and we want to know your opinion.

We want to know your opinion so we can share it with Senate Republicans.

Let's consider some of the facts:

ABC News accurately reported that as Dean of Harvard's Law School, Elena Kagan banned the U.S. Military from recruiting in Harvard's career center. She said that the military's "don't ask, don't tell" policy was "abhorrent". Terry Moran of ABC said a federal law would have required a cut of more than $300 million per year in federal funding Harvard receives from the government because of her decision. As a result Kagan "relented" and let recruiters in. However, ABC reported she kept fighting - Kagan sued the federal government over the military policy. She lost her case in the Supreme Court. They ruled 8-0 unanimously against her.

National Right to Life wrote Senators saying, "Our conclusion is that Elena Kagan is first and foremost a social engineer, animated primarily by a desire to shape public policy on a host of issues. Her legal training and talent is chiefly directed to these ends." They went on to quote Kagan when they wrote this is perhaps not surprising, because she believes that it "is not necessarily wrong or invalid" for appointed judges "to mold and steer the law in order to promote certain ethical values and achieve certain social ends."

FOXNews reported that in answering a question from Senator Chuck Grassley on an individual's right to keep and bear arms under the 2^ndAmendment Ms. Kagan said, "It has long been thought, starting from the "Miller" case, that the Second Amendment did not protect such a right."
When questioned by Senator Tom Coburn about whether Congress has almost unlimited powers under the Commerce Clause, TPM editors reported that Kagan attempted to note that one of the Court's earliest decisions adopted a broad view of the Commerce Clause.
CBS news wrote "in documents obtained by CBS News, Kagan-while working as a law clerk to the late Justice Thurgood Marshall-made her positions clear on some of the nation's most contentious social issues. The documents, buried in Marshall's papers in the Library of Congress, show Kagan standing shoulder-to-shoulder with the liberal left, at a time when the Rehnquist Supreme Court was moving to the conservative right."

We want to hear from you and share your opinions with the Senate.

Fill Out the Survey Here and Help ACU Send a Message About the Results to Conservative Leaders on Capitol Hill. Do you think Kagan should be confirmed?

As we get results, we will work to make your views known among conservative leaders.

The Senate will soon vote on Kagan's nomination. We want to know your opinion as we share the thoughts of conservatives on Capitol Hill.

One leading Republican - the Ranking Member on the Judiciary Committee - Senator Jeff Sessions said, "Since the day Ms. Kagan was nominated, President Obama's administration has attempted to not only defend Ms. Kagan's discriminatory treatment of the military, but to do so through misleading and even untrue statements. Indeed, Vice President Biden said Ms. Kagan's policy was 'right,' and suggested she was merely following the law."

"The recent comment made by the White House after the release of relevant Department of Defense records is arguably the most troubling so far. These records not only prove that Ms. Kagan deliberately obstructed military activity during wartime, as Republicans have said, but reveal that her actions are even more concerning than previously known," he added as he probed Kagan's record.

Do you agree. Do you believe Kagan should be confirmed?

Fill Out the Survey Here and Help ACU Send a Message About the Results to Conservative Leaders on Capitol Hill. Do you think Kagan should be confirmed?

Media coverage has focused on Kagan's humor not her record. However as she attempted to dodge some questions, Kagan did take firm stances.

"I've been a Democrat all my life, my political views are generally progressive," she said.

When asked about the legal ramifications of Obamacare, the newly passed Obama, Reid, Pelosi health care law, Kagan said, "Well, I think the current state of the law is to grant broad deference to Congress in this area, to assume that Congress knows what's necessary in terms of the regulation of the country's economy, but to have some limits."

When asked if she would recuse herself from cases involving the Obama administration where she works, she sidestepped the question, refusing to directly answer it.

So knowing what you know, should all Republicans oppose her nomination? Let us know your opinion.

Fill Out the Survey Here and Help ACU Send a Message About the Results to Conservative Leaders on Capitol Hill. Do you think Kagan should be confirmed?

While many are focused on the continuing troubles in the gulf, storms and our economic recovery - it is still critical to let Congress know that the American people are also concerned about who sits on our Supreme Court - the most powerful court in our land.

Fill Out the Survey Here and Help ACU Send a Message About the Results to Conservative Leaders on Capitol Hill.

Thank you for giving us your opinion and for all you do to support ACU as work on these matters.