Eagle Forum Legislative Alerts

Tuesday, June 01, 2010

Obama's Second Supreme Court Nomination

Barack Obama has thumbed his nose at veterans and many other Americans by nominating the liberal Elena Kagan to replace Justice John Paul Stevens, the only veteran on the U.S. Supreme Court. Kagan is mainly noteworthy for excluding military recruiters from Harvard Law School when she was the Dean. Kagan even joined a brief submitted to the Supreme Court that tried to obtain a constitutional right for schools to exclude military recruiters. The Supreme Court rejected her argument 8-0.

Elena Kagan has written very little, litigated even less, not decided a single case, and published almost nothing scholarly, but she is a campaign donor to Barack Obama. Her background shows she is more interested in remaking the law than in applying it impartially. A baseball umpire would be a better selection and probably fairer, too.

There is much for Senators to ask Kagan about. When she played an insider role in the Clinton Administration, she reportedly supported taxpayer-funded abortion. Obama claimed he would not use a litmus test to pick a justice who supports abortion, but he has done precisely that. Kagan has declared her support for using foreign law to interpret the U.S. Constitution. That is unacceptable for any U.S. judge; no foreign law should be allowed to change or even interpret our Constitution.

We hope Republican Senators will conduct a thorough interrogation of Kagan and not give her the kid-glove treatment they regrettably gave Justice Ruth Bader Ginsburg. A Gallup poll showed that 42% of Americans want a new Supreme Court Justice who will move the Court in the conservative direction, while only 27% want a new Justice who will make it more liberal. Obama has chosen to appease the liberals.

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