"I hope for a future marked by American disillusionment with conservative programs
and solutions, and that a new, revitalized, more leftist left will once again come
to the fore."
So said Supreme Court nominee Elena Kagan in an opinion piece during
her days in college.
"It is not necessarily wrong..." for Supreme Court judges "to mold and steer the
law in order to promote certain ethical values and achieve certain social ends."
So said Kagan in her graduate thesis at Oxford University.
It is hard to imagine that President Barack Obama could nominate a replacement for
retiring Justice John Paul Stevens who would have more disrespect for the law and
the Constitution and more enmity for traditional values than Stevens has.
appears that President Obama has done just that in his selection of Solicitor General
Elena Kagan for the nation's Highest Court.
This is not surprising considering her history with the Supreme Court. She served
as a law clerk for Supreme Court Justice Thurgood Marshall, who had complete contempt
for our nation's Constitution. He believed the Constitution was "defective" and
that it reflected "outdated notions of liberty, justice, and equality." His judicial
philosophy was that "a judge should do what he thinks is right and let the law catch
On issue after issue, Kagan has not only expressed her hostility for traditional
values, but has done so in the most radical terms.
On the pro-life issue, Kagan is an ardent supporter of legalized abortion to the
extreme. During her years of service as a policy aide in the Clinton Administration,
the debate over legislation seeking to ban partial-birth abortion legislation was
raging. The American College of Obstetricians and Gynecologists developed a position
paper stating that it "could identify no circumstances under which the [partial-birth]
procedure would be the only option to save the life or preserve the health of the
Kagan called the report a "disaster," and vigorously lobbied ACOG to change their
Kagan suggested new language in their position paper stating that partial-birth
abortion "may be the best or most appropriate procedure in a particular circumstance
to save the life of health of a woman." ACOG proceeded to adopt her non-scientific
statement verbatim. Former Surgeon General C. Everett Koop has called Kagan's action
"unethical and disgraceful." "She was willing to replace a medical statement with
a political statement that was not supported by any existing medical data."
The same federal courts that have insisted that women have a right to abortion under
the Constitution have also held the view that the taxpayers should not be compelled
to pay for the destruction of unborn children. The courts have ruled that the government
may make a value judgment favoring childbirth over abortion, and reflect that judgment
in the allocation of funds.
Kagan disagrees, saying the government should not subsidize
"anti-abortion speech." She also believes the government should fund pro-abortion
On the subject of traditional marriage,
Kagan is a virulent advocate for the homosexual
agenda. She has declared that homosexual rights amount to "a fundamental moral
principle." Quote: "A society that discriminates based on sexual orientation--or
that tolerates discrimination by its members--is not a just society." There is
little doubt that Kagan would rule in favor of redefining marriage to include persons
of the same gender, and evaluating any speech that publicly challenges homosexuality
as "hate speech."
Kagan has already been at work seeking to destroy traditional marriage. In a recent
court decision out of Massachusetts striking down provisions of the federal Defense
of Marriage Act, Kagan was responsible for defending the law in federal court. Instead,
she trashed the rationale Congress used in passing the law in 1996. Congress stated
that procreation and the rearing of the next generation of children were key reasons
for upholding traditional marriage.
Kagan stated that the government does not have
"any legitimate...interests in child rearing" and that the Obama Administration
does not support DOMA as a matter of policy." President Obama recently renewed
his promise to "gay rights" activists that repeal of DOMA is one of his top priorities. Kagan's extremism on the issue of homosexuality was evidenced during her tenure
as Dean of the ultra-liberal Harvard Law School. Kagan evicted military recruiters
from campus because she opposed longstanding prohibitions against open homosexuals
serving in the military. "I abhor the military's discriminatory recruitment policy,"
she stated. "It is a profound wrong--a moral injustice of the first order."
clear that Kagan's concept of morality is completely divorced from that of the Author
of our Liberties.
As to freedom of speech, Elena Kagan said the following in a recent brief: "Whether
a given category of speech enjoys First Amendment protection depends upon a categorical
balancing of the value of the speech against its societal costs." In other words,
the government will determine whether a person's speech has value and whether it
is socially acceptable.
The seating of a Justice Kagan would not change the balance on the court between
those who believe the words and principles of the Constitution should be respected
and those who believe, like she does, that the Constitution should be reshaped to
reflect their own "ethical values and social ends." Yet Kagan would be a potent
intellectual force on the High Court in promoting a legal agenda totally at odds
with Biblical values and Christian beliefs.
The Senate Judiciary Committee has now given its recommendation that she be confirmed.
It is now up to the full Senate to decide upon her confirmation. We strongly encourage
you to contact your two U.S. Senators and urge them to oppose Elena Kagan's nomination
to the U.S. Supreme Court. Charmaine Yoest, President of Americans United for Life,
sums up the reasons why: " A Kagan nomination means more power to the Supreme Court
to make and impose personal policy and radical beliefs, robbing Americans of the
ability to keep lawmaking to themselves and their representatives.