Reaction to Day Two of Elena Kagan's Confirmation Hearing

Today, as Senators on the Judiciary Committee questioned Elena Kagan, we gained insight into the type of justice she will be if confirmed.   

Senator Herb Kohl asked Kagan this morning: “Since we do not have a judicial record for you, how should we evaluate you so that we do have some sort of idea as to what kind of justice you will be?  What decisions or actions can you point to in your past and in your career that demonstrates to us what type of justice you will be?”

Kagan responded: “You can look to my whole life for indications of what type of justice I would be…[Y]ou can look to my tenure as Solicitor General…as Dean of Harvard Law…my scholarship, my speeches…”

Looking at her “whole life,” Elena Kagan has immersed herself in liberal ideologies from childhood.  She wrote her college thesis on socialism and endorsed agenda-driven judging in her Master’s thesis.  Beginning in college and continuing until now, Kagan has worked for and supported pro-abortion political candidates, politicians, and judges, including President Barack Obama, President Bill Clinton, Judge Abner Mikva, and Justice Thurgood Marshall. 

Kagan’s exchange with Senator Dianne Feinstein confirmed that Kagan has pre-judged the abortion issue and will oppose even the most widely-accepted, commonplace protections for the unborn.  When Senator Feinstein asked Kagan whether she believes “the Constitution requires the health of the mother [exception] in any statute restricting access to abortion,” Kagan responded that “Roe and Doe require [that] the woman’s life and the woman’s health must be protected in any abortion regulation.” 

In other words, Kagan supports abortion-on-demand.  Her answer indicates that, as a justice, Kagan would apply the Doe v. Bolton “health” definition to prevent any state regulation of abortion, including parental notice laws, clinic safety regulations, limitations on tax dollars being used for abortion, and informed consent laws.   

 This afternoon, in a brief exchange with Senators before the Judiciary Committee, Elena Kagan tried, for the first time, to minimize her admiration for the world’s most agenda-driven judge, Aharon Barak:

"I gave introductions to many, many people. If any of you came to Harvard Law School, I would have given you a great introduction too."

Did Elena Kagan introduce everyone as “my judicial hero…[as] the judge who has best advanced democracy, human rights, the rule of law, and justice?"  Did Elena Kagan introduce people by stating “but the Harvard Law School association of which I am most proud of is the one with Aharon Barak?”  Kagan cannot diminish her connection with Aharon Barak and his judicial philosophy because, from Harvard’s countless associations with American politicians, judges, and scholars, she named foreign judge Aharon Barak as the association of which she was most proud.  

 During today’s hearings, Kagan said "judging requires judgment."  Kagan’s judgment—shaped by her associations and worldview—is adamantly pro-abortion and outside the mainstream.  As Senator Sessions said today, Elena Kagan is “unconnected from reality.”  Americans discovered today that Elena Kagan has a track record as a political operative who would be an agenda-driven justice and would oppose even the most widely-accepted, commonplace restrictions on abortion.