Posted on 05/14/2010 11:26:26 AM PDT by day21221
Kagan Sought to Shield Supreme Court, Police from Racial Arguments in Clinton Era While serving as an associate counsel to President Clinton, Elena Kagan expressed concern about a plan to use the Supreme Court to demonstrate the president's commitment to racial diversity, declassified documents show.
While serving as an associate counsel to President Clinton, Elena Kagan expressed concern about a plan to use the Supreme Court to demonstrate the president's commitment to racial diversity, declassified documents show.
(Excerpt) Read more at foxnews.com ...
Of course; all Homo-Leninists prefer extra-Constitutional privileges.
Elena Kagan in 2005: Barack Obama is my hero (VIDEO)
http://www.youtube.com/watch?v=QWV6YTrWthE&feature=player_embedded#!
Obama know Elena Kagan is socialist
This horror story of a SCOTUS nomination is as anti-Constitution as Obama is...that is why she was nominated. Doh!!! There is no mystery here. Just look at her record. She does not understand that the job of the SCOTUS is NOT to re-write the Constitution....like all radical leftists on the SCOTUS.
will the gop know that they are in a WAR
Elena Kagan’s Opposition to Gun Rights
Ken Klukowski
Lux Libertas
May 13, 2010
A third instance of Elena Kagan opposing Americans’ Second Amendment right to own a gun has now become public, and is sure to become a major issue in her Supreme Court confirmation hearings. And it confirms that President Obama’s gun-control agenda is to create a Supreme Court that will “reinterpret” the Second Amendment until that amendment means nothing at all.
Kagan with fellow gun-grabber Charles Schumer.
This year, no case on the Supreme Court docket is more important than McDonald v. Chicago, where the Court is deciding whether the Second Amendment right to keep and bear arms is only a right you have against the federal government, or instead if the Second Amendment (like most of the Bill of Rights) also secures a right you can assert against state and local governments. At issue is whether Chicago’s law banning all guns—even in your own home—is constitutional.
When the Supreme Court considered its last Second Amendment case, District of Columbia v. Heller in 2008, then-U.S. Solicitor General Paul Clement filed a brief in the case, and then requested and received time to argue the federal government’s position in that case as to the meaning of the Second Amendment.
When the McDonald case was argued before the Court on March 2 of this year, current Solicitor General Kagan argued… Nothing. Not only did she not ask for time during oral argument, she didn’t even file a brief (which the solicitor general routinely does in important constitutional cases—and the McDonald case is monumentally important).
If someone asserts that the solicitor general shouldn’t file a brief because it’s a state matter as to whether the Second Amendment is “incorporated” to the states through the Fourteenth Amendment (which is the issue in McDonald) the record speaks to the contrary. The last time the Supreme Court “incorporated” a right from the Bill of Rights to the states, in the 1969 case Benton v. Maryland, the solicitor general filed a brief, and then (just like Heller in 2008) got divided argument time to express the government’s views in front of the Court.
Why wouldn’t Kagan file a brief expressing the view of over 75% of Americans that the Second Amendment is an individual right, one that every American citizen has against all levels of government?
Aside from her shocking decision not to file a brief in McDonald, we’ve learned that Elena Kagan was part of the Clinton White House’s gun-control efforts, where a Clinton staffer said, “We are taking the law and bending it as far as we can to capture a whole new class of guns.”
Then it became public that when the Supreme Court was asked in 1987 to decide if the D.C. gun ban was unconstitutional (the same law that the Court eventually struck down in Heller), Kagan wrote to Justice Marshall on the Court that she was “not sympathetic” toward the argument that the Second Amendment doesn’t allow D.C. to completely ban all guns.
Three anti-gun decisions. Three strikes, and you’re out.
The bottom line is that Barack Obama supports the Chicago gun ban, a position he publicly repeated as recently as June 26, 2008 (the day the Heller decision was released). President Obama believes that there’s nothing unconstitutional about the city—or even the whole state—where you live completely banning you from having any firearms for hunting or self-defense, even in your own home.
As my coauthor Ken Blackwell and I discuss in our new bestselling book, The Blueprint: Obama’s Plan to Subvert the Constitution and Build an Imperial Presidency, President Obama’s gun-control agenda is to create a Supreme Court that will repeatedly rule that whatever gun-control laws come before it are okay. No matter how severe the anti-gun measure is, the Court will say, “This is constitutional.”
President Obama—the most anti-gun president is American history—has nominated for our highest court a close personal friend of his. And now we see that Obama has every reason to believe that his close personal friend shares his radical view on the Second Amendment, one that will work against the constitutional rights of 90 million American gun owners.
Elena Kagan’s confirmation hearings this summer could get very interesting. America’s gun owners have a way of making their voices heard.
This is nothing more than a puff piece; pointing to avoidance, instead of an issue with detailed constitutional principles.
“But much of Kagan’s official file from that period remains sealed”…look at her known writings and philosophies; and we see a different person not qualified to be elevated to SCOTUS.
Conservative friends rise in support of Kagan
May 14 02:41 PM US/Eastern
By MARK SHERMAN
Associated Press Writer
WASHINGTON (AP) - Conservative lawyers and academics are voicing support for Supreme Court nominee Elena Kagan, praise that could soften criticism from the right and provide cover for any Republican senators inclined to vote for her nomination.
The essence of their take on Kagan, the former Harvard Law School dean who now serves as solicitor general, is that she clearly has the smarts to be a justice and has shown an ability to work with all sides on thorny issues.
“She has had a remarkable and truly unusual record of reaching out across ideological divides,” said Michael McConnell, a former federal appeals court judge who was nominated by President George W. Bush.
Longtime Kagan friend Miguel Estrada, whose appeals court nomination by Bush was blocked by Senate Democrats, said, “She’s clearly qualified for the court and should be confirmed. Obviously, she’s a left-of-center academic who never would have been picked by a Republican. But no one can doubt her intellectual accomplishments.”
Former special prosecutor Kenneth Starr, who ran the investigation that led to President Bill Clinton’s impeachment, said charges by some conservatives that Kagan holds extreme views are off-base.
“That’s politics, and unfortunately confirmation politics have been very ugly, with a few happy interludes, ever since the nomination of Judge Robert Bork,” Starr said on MSNBC.
Conservative interest groups and some senators have raised questions about Kagan’s lack of judicial experience and suggested that she might be a “rubber stamp” for Obama on the high court. They also have seized on her opposition to military recruiters at Harvard over the Pentagon’s “don’t ask, don’t tell” policy on gay soldiers. The conservative critics argue that she would be a liberal, activist justice.
Carrie Severino, chief counsel to the Judicial Crisis Network, said endorsements by prominent conservatives do nothing to answer the questions about Kagan.
“I don’t think that really changes our analysis,” Severino said. “We’re very interested in finding out what kind of a justice she would be. As of right now, what we see looks very troubling.”
But Thomas Goldstein, a Supreme Court lawyer who writes about the court and nominations for Scotusblog.com, said the support on the right is potentially useful to Kagan.
“When conservative icons strongly endorse Kagan, that knocks the legs out from under the claim that she’s either unqualified or a liberal activist. Those arguments end up looking like pure politics,” Goldstein said. “The endorsements also give critical cover to moderate Republicans who want to vote for her but worry about criticism from the right.”
So far no Republican senator has announced support for Kagan, who received seven GOP votes when she was confirmed as solicitor general last year.
McConnell, who teaches law at Stanford University, agreed with Severino that Kagan’s stand on military recruiters was a “dreadful decision.” But he said that Harvard was like many other major law schools at that time in seeking to bar military recruiters over discrimination against gays. He said the episode was “not a serious black eye.”
He also said that Kagan will be a safe liberal vote in most cases that divide on ideological grounds.
Yet, he said, “As I chat with other center-right law professors, she’s got overwhelming affection and support.”
He attributed some of that support to Kagan’s openness to arguments across the political spectrum.
“She’s a bit unusual in this respect, particularly at this juncture when not just the Supreme Court but the country basically is divided into two camps that often cannot speak to each other,” McConnell said. Kagan, who has known McConnell since their days as law professors at the University of Chicago in the early 1990s, wrote a letter of support for McConnell in 2002 urging Senate Democrats to confirm him.
She and Estrada have been friends since they sat next to each other in several law school classes 25 years ago. And Starr held the same job as Kagan, when he was President George H.W. Bush’s solicitor general.
Nice puff piece.
Roland Martin of CNN says her commitment to replacing whites is lacking, he is mad.
(All of the senior GOP Senators leaders must go).
they have stop the
(Conservative Movement) for years!!!!!
they have been playing you for years
Alexander, Lamar - (R - TN) Class II
455 DIRKSEN SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-4944
Web Form: alexander.senate.gov/public/index.cfm?p=Email
Bennett, Robert F. - (R - UT) Class III
431 DIRKSEN SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-5444
Web Form: bennett.senate.gov/public/index.cfm?p=Email
Collins, Susan M. - (R - ME) Class II
413 DIRKSEN SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-2523
Web Form: collins.senate.gov/public/continue.cfm?FuseAction=Contact...
Graham, Lindsey - (R - SC) Class II
290 RUSSELL SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-5972
Web Form: lgraham.senate.gov/public/index.cfm?FuseAction=Contact.Em...
Grassley, Chuck - (R - IA) Class III
135 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-3744
Web Form: grassley.senate.gov/contact.cfm
Hatch, Orrin G. - (R - UT) Class I
104 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-5251
Web Form: hatch.senate.gov/public/index.cfm?FuseAction=Offices.Cont...
Lugar, Richard G. - (R - IN) Class I
306 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-4814
Web Form: lugar.senate.gov/contact/
McCain, John - (R - AZ) Class III
241 RUSSELL SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-2235
Web Form: mccain.senate.gov/public/index.cfm?FuseAction=Contact.Con...
McConnell, Mitch - (R - KY) Class II
361A RUSSELL SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-2541
Web Form: mcconnell.senate.gov/public/index.cfm?p=ContactForm
Murkowski, Lisa - (R - AK) Class III
709 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-6665
Web Form: murkowski.senate.gov/public/index.cfm?p=Contact
Shelby, Richard C. - (R - AL) Class III
304 RUSSELL SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-5744
Web Form: shelby.senate.gov/public/index.cfm?FuseAction=ContactSena...
Snowe, Olympia J. - (R - ME) Class I
154 RUSSELL SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-5344
Web Form: snowe.senate.gov/public/index.cfm?FuseAction=ContactSenat...
Voinovich, George V. - (R - OH) Class III
524 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-3353
Web Form: voinovich.senate.gov/public/index.cfm?FuseAction=Contact....
all of them must go
No Conservative on the Judiciary
Agreed!
Agreed, if all incumbents are turned out every cycle or at minimum every two cycles, this problem of a long run political class and corrupt unconstitutional behavior will stop. The real problem begins with Government Education…there is no interest to have a well educated society, especially one that is well versed in the roll of government and that which is constitutional.
What does "use the police and the Supreme Court as a tool of Clinton's racial politics" mean? How would that work?
Also, sometimes politicians say one thing when they are actually in favor of the opposite (like Obama and Clinton). Kagan may have been trying make Clinton's initiatives appear more "moderate."
bump
Has she ever had a real job?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.