Posted by
Bert Chapman on Tuesday, June 29, 2010 4:46:36 PM
Twenty three years ago this summer, Robert Bork, one of our nation's most distinguished legal scholars was nominated to the U.S. Supreme Court. Sadly, his nomination was defeated by intellectual and moral pygmies such as Ted Kennedy, Joe Biden, and current Senate Judiciary Committee chair Patrick Leahy who marshalled fraudulent falsehoods about his record and judicial temperament. With Elena Kagan's Supreme Court by President Barack Obama, it's time for conservatives to achieve payback.
Kagan has no judicial experience at all. As Solicitor General of the U.S. in the Obama Administration, she has a political interest in supporting Obama Administration political objectives when she argues a case before the Supreme Court. Do you really believe she will be able to make objective, let alone constitutional, rulings on cases this administration brings before the Supreme Court through 2012, or, God forbid if it's reelected, through 2016. This takes "court packing" to a level that Franklin Delano Roosevelt never dreamed of in the 1930s.
Kagan claims in her testimony that she would respect precedent such as yesterday's Supreme Court ruling upholding the 2nd Amendment rights of citizens living outside of Washington, DC. As an associate of Obama and his cronies, do not give credibility to any claim produced by members of this increasingly arrogant and incompetent administration. She has a limited record of judicial writings which should also disturb U.S. Senators interested in her views on the multiple issues confronting the court i.e. whether foreign or international law should be applied to U.S. constitutional law, her views on abortion, presidential war powers, terrorist suspects rights, the death penalty, commerce, intellectual property rights etc.
Most distressing, though, are Kagan's views on "gay rights." While Harvard Law School Dean, she actively sought to thwart the presence of military recruiters due to her vociferous opposition to the Solomon Act and "don't ask, don't tell." Kagan lamely rationalizes that she was only following Harvard's non-discrimination policy which includes "sexual preference." As an attorney, Kagan should know that federal law is SUPERIOR to university policies even if the university has as lofty a view of itself as Harvard. Kagan has proven to be a zealous crusader for deviant lifestyle practices having spoken to GLBT gatherings and would, undoubtedly, be eager to write an opinion inventing a "constitutional right" to same-sex marriage which would have grievous societal implications affecting 1st Amendment rights, public health, children's psychological well-being, and numerous other areas. It's very possible California's Perry case may get appealed to the U.S. Supreme Court and give Kagan such an opportunity. Yesterday's injurious Supreme Court ruling saying that the University of California's Hastings Law School could prohibit funding to the campus chapter of the Christian Legal Society because the GLBT lifestyle is antithetical to that group's core beliefs, makes Kagan's views on this subject and religious freedom particularly relevant if any "gay rights" case coming before a Supreme Court she serves on.
Though her confirmation would replace retiring liberal Justice John Paul Stevens, it would further strengthen the dangerous turn to the left taken by the Supreme Court since Obama's 2009 nomination and Senate confirmation of Sonia Sotomayor. It's time for Senate Republicans to use every means at their disposal to prevent an inexperience, unqualified, and constitutionally illiterate nominee such as Kagan from receiving a lifetime Supreme Court appointment.