Tuesday, May 11, 2010

Elena Kagan is unfit and unqualified to serve as a justice on the United States Supreme Court.

The Gadfly:
Kagan Unfit To Serve
By Mike McCarville

President Obama's nominee has a record so flawed in its expressions of disdain for constitutional thought that it is unthinkable this non-jurist could add anything of merit to the highest court in the land.

While being dean of the Harvard Law School is an impressive credential, Senator Jim Inhofe said, decisions she made in that role demonstrated poor judgment. Concur.

While at Harvard, she banned the U.S. military from recruiting on campus and then joined with other law school officials in a lawsuit to overturn the Solomon amendment, which was adopted by Congress to ensure that schools could not deny military recruiters access to college campuses. Claiming the Solomon Amendment was 'immoral," she filed an amicus brief with the Supreme Court in Rumsfeld v. F.A.I.R opposing the Amendment. The Court unanimously ruled against her position and affirmed that the Solomon Amendment was constitutional. In other words, the Court slapped her down.

As Obama's solicitor general, Kagan has been lukewarm on most key social issues, even those for which she ostensibly argued.

Kagan is an Obama liberal; that is to say she embraces the social stances of the left, pandering to the gay/lesbian/transgender crowd, the gun-grabbers, the anti-military militants. And like many of those on the left, she often displays an elitist arrogance that is unseemly and irritating.

Kagan has no judicial experience, nor has she any courtroom experience at all. She is a library lawyer, an administrative-only attorney whose normal venue is in Ivy League halls of liberal thought. It is in those halls that in the past she has espoused the tenets of Socialism. In addition, she has advocated for the president powers that go far beyond those enumerated in the Constitution.

The U. S. Senate should reject her nomination, although it appears likely she will win it; she is unfit and unqualified to serve.

Related Opinion: The Liberty Sphere

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