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Elena Kagan: A Fierce Partisan Activist

Elena Kagan: A Fierce Partisan Activist

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Published by: Debunking Dems on Jun 30, 2010
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01/17/2012

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Kagan Has Often Said One Thing,Then Done Another 
 
 
In 1995, Kagan Wanted Nomination Hearings To Be “Meaningful,” Focus On “Legal Issues”
 
 
enate must engage nominee “in meaningful discussion of legal issues.”
If that
doesn’t happen the “process takes on air of vacuity and farce…”
that the public needs to understand the “real
-
world consequences” of a nominee’s
philosophy.
 
In 2009, Kagan Avoided Giving Direct Answers In Her Own Hearings
 
Kagan stated that “the nominee for any particular position, whether it’s judicial or otherwise, had to beprotective of certain kinds of interests…”
 
 
Kagan argued that fully answering questions would interfere “with the responsible performance of the job” and decided to answer questions based on how past nominees “
have replied to inquiries fromS
enators.”
 
 
As Solicitor-
General, Kagan Promised “Vigorous Defense Of The Statutes of This Country”
 
 
At her confirmation hearing, Kagan stated that he most critical responsibility as a solicitor-general was
“the vigorous defense of the statutes of this country against constitutional attack.”
 
 
She also stated that she would honor “stare decisis” and “be true to the rule of law.”
 
 
As Solicitor-General, Kagan Repeatedly Failed To Appeal Attacks On Federal Statutes
 
th
C
ircuit’s decision undermining the military’s application of 
D
on’t
Ask, D
on’t
Tell Law.
 
Kagan’s office 
to continue litigating don’t ask, don’t tell in the lower courts for years.
 
 
In August 2009, Kagan’s offic
e filed a brief  in a California case challenging the Defense of Marriage Act,
stating that “this administration does not support DOMA as a matter of policy, believes that
d
iscriminatory, and supports its repeal.”
 
 
Kagan Has Divergent Views On International Law
 
As a nominee, Kagan explained that “the best way of determining congressional
intent in cases of statutory interpretation is to look at what congress intended
—not what…foreign law says.”
 
 
Later, Kagan stated that “there are some circumstances in which it may be proper for judges to considerforeign law sources.”
 
 
Kagan said that as solicitor-
general she would “offer reasonable arguments from foreign law” if it “mightattract the support of one or more justices.”
 
 
Kagan Has Supported Pro Bono Service, But As Dean Never Actually Did Any Herself 
 
Kagan was strong proponent of pro bono work,
requiring students
 
 
According to her own questionnaire,Kagan never actually did any pro bono work herself.
 
Kagan did find time to  join a Goldman Sachs advisory council and collect a $10,000 stipend.
 
Paid for by the Republican National Committee310 First Street SE, Washington, D.C. 20003(202) 863-8500 - www.gop.com  Not authorized by any candidate or candidate's committee
 
 
:
 
College writings provide window to her activist liberal philosophy 
 
 
At Princeton, Kagan Expressed A Strong Liberal Philosophy
 
incoming Republican senators as “avengers of ‘innocent life’ and the B
-1
Bomber.”
 
 
an “American disillusionment with conservative programs and solutions” andthat “a new revitalized, perhaps
more
leftist Left will once again come to the fore.”
 
 
about “real Democrats” who are “committed to Liberal principles and motivated bythe ideal of an affirmative and compassionate government.”
:“Perhaps because of this background, I absorbed such liberal p
rinciples early; more
to the point, I have retained them fairly intact to this day.”
 
 
Kagan’s college thesis was on the Socialist movement,
.
 
 
of “Socialism’s greatness” calling the Socialist movement’s demise “a sad but alsochastening one for those who, more than half a century after Socialism’s decline, still wish to
cha
nge America.”
 
described her brother’s “involvement in radical causes” which led her “to
explore the history of American radicalism in the hope of clarifying [her] own political
ideas.”
 
 
against draft registration, calling it “a manifestation of a growing militarism.”
sal as sign of “militaristic identity the country was headed toward.”
 
 
At Oxford, Kagan expressed her true legal mantra: Decide First, Justify Later
 
it “is not necessarily wrong or invalid” for judges to “mold and steer the law in orderto promote certain ethical values and achieve certain social ends.”
that in order for opinions that “appeal to the ethical sense” to have “somemeasure of permanence” they needed to show they were “plausibly rooted” in the law.
 Help debunk the Dems.
 
Spread the facts to your friends, family and colleagues.
 
Paid for by the Republican National Committee310 First Street SE, Washington, D.C. 20003(202)863-8500 - www.gop.com  Not authorized by any candidate or candidate's committee
 
 
 
 As Supreme Court Clerk, KaganRevealed Her Liberal Philosophy And Learned How To Use TheCourt To Advance It 
 
 
Kagan’s View Of The Court Clearly Stayed With Her After Clerkship
 
 
that Supreme Court justices’ votes have “little to do with technical legalability and much to do with conceptions of value.”
 
 
In deciding a hard case, Kagan argued 
a justice’s “own experience and values [are] the mostimportant data.”
 
 
Kagan Memos As Clerk Reveal Views Far To The Left Of Mainstream
 
Kagan worried that conservative court would use abortion case to undo preceden
t and
 
 
Kagan wrote in a memo that faith-
based groups should not counsel pregnant teens as “it would
be difficult for any religious organization
” to do so “without injecting some kind of religiousteaching.”
 
 
As clerk, Kagan wrote 
that she was “not sympathetic” to a defendant who argued that the D.C.“firearms statutes violate his constitutional right to ‘keep and bear arms.’”
 
 
Kagan 
that “constitutional guarantee of liberty shouldbe read broadly.”
 
 
.
 
Kagan would overturn standards which limited appeals for convicted criminals.
 
Kagan sought to overturn lower court ruling questioning constitutionality of rent-control,stating
.
 
 
Kagan’s Memos Also Show A Willingness To Use The Court To Advance Policy Over Law
 
 
to “vote for so
-
called defensive denials” of appeals to “prevent his
more conservative colleagues from giving more power to police and prosecutors."
 
Despite believing decision was legally incorrect, Kagan recommended against takingimmigration case, si
nce she felt judge “ensured an equitable result” and “no great cost to therepublic.”
 
In US v. Shonde, Kagan wrote that even though the District court
“exceeded its authority” they“ensured an equitable result.”
Help debunk the Dems.
 
Spread the facts to your friends, family and colleagues.
 
Paid for by the Republican National Committee310 First Street SE, Washington, D.C. 20003(202) 863-8500 - www.gop.com  Not authorized by any candidate or candidate's committee

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