Who is Elena Kagan? On this first day of the confirmation hearings for the U.S. Solicitor General whom President Obama nominated to the Supreme Court, that was the question on everyone’s mind as the senators on the Judiciary Committee delivered their opening statements.
So far, the only thing most Americans know for certain about the nominee is that she has no judicial experience and has limited legal experience. For that reason, her answers to senators’ questions during the coming days will be particularly important. Senators and the American people deserve to know what she believes.
Since the nomination was announced in May, AUL’s team of pro-life legal experts has been releasing "Kagan File" memos revealing the nominee’s support of a right to partial-birth abortion, her radical associations, and her activist judicial philosophy. Based on her record, we have every reason to think that she would take a fill-in-the-blank approach to law, imposing her personal political views and preferences upon all Americans. Her opening statement today confirmed this. She did not once claim to intend to remain faithful to the Constitution, an odd omission for a Supreme Court nominee whose job is to uphold and protect the legislative framework of our nation. The omission is further evidence that she will be an agenda-driven justice, rubber-stamping the Obama administration’s policies, particularly those relating to abortion.
This week’s confirmation hearings will reveal a great deal regarding whether Kagan is more concerned about politics and policy and views the Constitution as a dated impediment, or whether she would remain faithful to it. In particular, it will shed light on whether she will be able to impartially interpret the law as a judge when she has actively advocated for the pro-abortion lobby’s agenda.
Americans should watch Kagan’s hearing with attentiveness and expect nothing less than complete candor in her responses. If she cannot provide adequate answers, senators should vote to reject her nomination.