Illinois Family Institute
Elana Kagan: A Dangerous Judicial Activist?

7/1/2010 7:00:00 AM
By David E. Smith, IFI Executive Director -Illinois Family Institute

The U.S. Senate Judiciary Committee is holding hearings on President Obama's nominee to the United States Supreme Court, current Solicitor General Elana Kagan.

Her nomination should be opposed for any number of reasons:
  • She is a judicial activist, who agrees with former Justice Thurgood Marshall that the Constitution given to us by the Framers was "defective" and that it contained "outdated notions of liberty, justice and equality."

  • Her "judicial hero" is former Israeli justice Aharon Barak, who said a judge "may give a statute a new meaning...[t]he statute remains as it was, but its meaning changes, because the court has given it a new meaning that suits new social needs."

  • She is anti-military and pro-homosexual. While dean of the Harvard Law School, she kicked military recruiters off campus, in defiance of a federal law which had been upheld by the Supreme Court on a unanimous vote. She said she "abhorred" the military's ban on allowing open practicing homosexuals to serve, and called it a "moral injustice of the first order."

  • She believes in the supremacy of international law over the Constitution. While dean at Harvard Law, she dropped the required course on the Constitution and replaced it with a required course on international law.

  • She is pro-abortion. She has contributed financially to pro-abortion groups, and believes that abortions should be taxpayer funded. You can learn more about Kagan's abortion activism in this outstanding column outlining how she undermined efforts to ban the gruesome procedure of partial-birth abortion during her time in the Clinton White House.

  • She believes that the government may ban political pamphlets and books during an election season, in violation of the First Amendment's free speech protections.

  • She is anti-Second Amendment. She is "not sympathetic" to the claim that individuals have the right to keep and bear arms under the Constitution.

  • She is anti-capitalist and pro-socialist, once writing glowingly of "socialism's greatness."

  • Former Supreme Court nominee Robert Bork said "that's the danger of Ms. Kagan that she hasn't had any experience that would lead her to mellow...the academia is not a place where you use prudence and caution and other virtues of a judge." Bork also warned that if Kagan was to be confirmed "you will have a court that is much more to the left than we have today."
  • While we do not expect either of Illinois' U.S. Senators to ever oppose the president's nominations, you should call them anyway and let them know that you want to encourage them to "Vote NO on the confirmation of Kagan to the Supreme Court." You can also tell them that it is clear from her statements, writings, and conduct as dean of Harvard Law that she holds a philosophy of judicial activism, is militantly anti-military, and is an ardent supporter of abortion and the homosexual agenda.

    Sen. Dick Durbin

    WASHINGTON, D.C. -- (202) 224-2152
    CHICAGO -- (312) 353-4952
    SPRINGFIELD -- (217) 492-4062
    CARBONDALE -- (618) 351-1122

    Sen. Roland Burris

    WASHINGTON, D.C -- (202) 224-2854
    CHICAGO -- (312) 886-3506
    SPRINGFIELD -- (217) 492-5089
    MOLINE -- (309) 736-1217
    CARBONDALE -- (618) 529-7471

    You may want to call the Republican Leadership in the U.S. Senate as well, to encourage them to oppose Kagan's nomination with a filibuster:

    Sen. Mitch McConnell (R-KY)

    WASHINGTON, D.C -- (202) 224-2541

    Sen. Jon Kyle (R-AZ)

    WASHINGTON, D.C -- (202) 224-4521




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