Wednesday, July 28, 2010

Oppose Kagan Now

Should the Supreme Court use foreign law to interpret the U.S. Constitution? Elena Kagan, Obama’s nominee to the Supreme Court, thinks so. And the Democrats in the Senate with 4 Republicans hope to have her approved by August 6.

In 1995, Elena Kagan decried the judicial nomination process declaring that it had taken “on an air of vacuity and farce.” According to her review of Stephen Carter’s book, “The Confirmation Mess,” the Supreme Court nomination debate should focus on “the understanding of the Constitution that the nominee would carry with him to the court.” She has since changed her mind as can be seen by her performance at the Senate Judiciary Committee.

Senator Roger Wicker of Mississippi wrote, “In her testimony before the Senate Judiciary Committee, Ms. Kagan acknowledged that it is ‘difficult to take off the advocate’s hat and put on the judge’s hat.’ I do not have confidence that Ms. Kagan would be able to restrain her personal views and political advocacy from influencing her decisions if she were confirmed to a lifetime position on the Supreme Court.”

When Ms. Kagan became the Dean of Harvard Law School, the school permitted military recruiters to use the campus recruiting facilities. Rather than continuing the present policy, she reinstated a previous dean’s policy breaking federal law and denying the military access to Harvard’s recruitment facilities.

She ignored precedence when she eliminated Harvard Law School requirements to study constitutional law and demanded that the curriculum require international and comparative law.

Her praise of Judge Barak Aharon’s judicial views (see our earlier post) shows that she will be a judge who will ignore what the Constitution says and give as much weight to foreign law as American. American freedom and American sovereignty will suffer. Barack Obama’s desire to radically change America will take a giant step forward.

To make your opinion known you can call your U.S. Senators now at 202-224-3121.

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