Grassroots effort fights Kagan nomination

Only 46 percent of Americans support the nomination of Elena Kagan to the U.S. Supreme Court, according to a USA Today/Gallup Poll. That’s lower than the last five court nominations.
Ed Whelan, president of the Ethics and Public Policy Center, said her lack of experience is cause for concern.  He also sees other red flags. “Her whole course of conduct against military recruiters at Harvard Law School is very troubling, and the excuses that have been offered for that simply don’t justify what she did.”
The latest online buzz about Kagan is her support of Aharon Barak, a retired Israeli Supreme Court justice, who promoted liberal causes by overturning elected officials’ policies. “It’s quite clear from her entire career and her record,” said Whelan, “that she’s decidedly on the left.”
A coalition of conservative groups is working together to raise a groundswell of opposition to Supreme Court nominee Elena Kagan.
Evan Gassman, program officer with Young America’s Foundation (YAF), said they want calls to flood Capitol Hill. “On June 8th, call the congressional switchboard,” he said.  “Ask for your senators, and simply tell them: ‘Keep out Kagan.'”
Kagan has been called the “stealth nominee” by conservatives who are watching the process.
“Elena Kagan clerked for a liberal Supreme Court justice, Thurgood Marshall, in 1980, worked on Gov. Michael Dukakis’ 1988 presidential campaign, worked for then Sen. Joe Biden on the Senate Judiciary Committee in 1993, worked as a policy adviser and counsel to President Bill Clinton, and now serves in the Obama administration as the solicitor general, the lawyer who argues the government’s cases before the Supreme Court,” wrote Emily Belz for WORLD Magazine. “Despite the overtly political record, President Obama has portrayed his nominee for the Supreme Court as a nonpartisan moderate, and she is likely to receive Senate confirmation.
Conservative leaders have objected to her lack of judicial experience, her stand on the military and no record of how she would rule in cases involving abortion. Focus on the Family Action Senior Vice President Tom Minnery said the nomination was a “triumph for liberal ideology and judicial activism.”  He noted that while at Harvard, Kagan vigorously worked to ban military recruiters from the campus, because she disagrees with the Don’t Ask, Don’t Tell policy. The case went all the way to the Supreme Court. As solicitor general, Kagan has refused to appeal a ruling by the 9th U.S. Circuit Court of Appeals challenging a 1993 law that states homosexuals are ineligible for military service.
There is no record to indicate how Kagan would rule on abortion cases, but she has been quoted criticizing pregnancy resource centers and has condemned a 1991 Supreme Court ruling upholding federal regulations that restrict Title X funds from being given to groups that performed or promoted abortions. 
Marjorie Dannenfelser, president of the pro-life Susan B. Anthony List, said, “Ms. Kagan’s publicly demonstrated prejudices do not lend themselves well to blind justice. Susan B. Anthony and her early feminist compatriots fought for a human rights standard sustained only through blind justice – and they knew that one group is never served by undermining the rights of another.  Women will never be served by ignoring the rights of unborn children.”
Recently, Kagan made her views on campaign finance law known, when she argued as solicitor general that the federal government has the power to ban certain books and pamphlets during an election. Chief Justice John Roberts responded to the argument, saying, “as a free-floating test for First Amendment coverage, that (proposition) is startling and dangerous.”
According to a release from the Family Research Council, Kagan has called for the Senate to use the Supreme Court confirmation hearings “to engage nominees in meaningful discussion of legal issues,” and that a nominee’s views on issues are fair game.
Tony Perkins, president of the Family Research Council, said the Senate should use Kagan’s own standards when evaluating her. “During her confirmation hearings for solicitor general, Ms. Kagan found it difficult to be forthcoming with her answers,” he said. “That should not be permitted when she is considered for a permanent position on our nation’s highest court.”

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