1. Abortion: Kagan is an ardent proponent of abortion. She influenced medical documents in an effort to push Clinton’s partial-birth abortion stance further left. When asked about the controversial American College of Obstetricians and Gynecologists memo, she at first admitted only to its being her handwriting. Later that she admitted to writing the comment.
2. Treatment of Military: Turning military recruiters away from Harvard’s campus is more than “being political,” it was a direct violation of the easily understood Solomon Amendment. It wasn’t until Kagan discovered Harvard would be denied federal grants that she finally permitted recruiters on campus.
3. “Not Sympathetic” to Constitutional Rights: It is difficult to support a Supreme Court nominee who once declared, “I’m not sympathetic” to individuals concerned about the violation of their 2nd Amendment rights.
4. Law vs. Politics: Kagan blurs the line between the two. When the Supreme Court was confronted with a case regarding taxpayer-funded abortions, she advised Justice Thurgood Marshall not to accept the case because it was “likely to become the vehicle that this court uses to create some very bad law on abortion and/or prisoners’ rights.”
5. Inexperience: Despite her credentials of working for the Clinton Administration and being dean of Harvard Law School, Kagan didn’t argue a case before a court until she was appointed solicitor general. She would be the only currently sitting Supreme Court justice without experience as a judge.
6. Her Judicial Hero: When it comes to role models, Elena Kagan sure knows how to pick em! Israeli Judge Aahron Barak is a strong judicial activist who has greatly interfered with Israel’s military. “He is the judge who has best advanced democracy, human rights, the rule of law and justice,” she says of her judicial hero.
7. Gay Marriage: Kagan has done an excellent job of dancing around this issue. When asked about gay marriage at her confirmation hearing by Sen. John Cornyn (R.-Tex.), she merely stated the obvious, that there is no federal constitutional right to same-sex marriage.
8. Property Rights: Sen. Chuck Grassley (R.-Iowa) asked Kagan if she agreed with Kelo (which allowed eminent domain to transfer land from one private owner to another to further economic development). Kagan explained that the goal of Kelo was to kick the issue back to the states. Such a justification is her way of pushing decisions down to the state level rather than allowing the Supreme Court to determine the law.
9. Activist Judges: When asked to identify an activist judge in American history, Kagan dodged the question from Sen. Lindsey Graham (R.-S.C.) and chose instead to define the term activist judge. She explained that an activist judge doesn’t defer to the political branches, respect precedent or decide cases narrowly.
10. Socialism Thesis: While it is understandable that views change over the years as individuals mature, there is nothing acceptable about Kagan’s thesis on the Socialist movement in America. Young America’s Foundation says that her 1981 Princeton University thesis “laments the decline of socialism in America.” With the current direction of our country, Kagan’s view on socialism is the last thing America needs on the Supreme Court.
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