Supreme Court Justice Nominee… Kagan-Concerns
Tuesday, May 11th, 2010May 10, 2010
Dear Karen,
President Obama has nominated Solicitor General Elena Kagan to the United States Supreme Court. Her opposition to the military’s “Don’t Ask, Don’t Tell” policy and her apparent opposition to the Defense of Marriage Act (DOMA) are cause for concern. While Dean of the Harvard Law School, Kagan threw military recruiters off campus on the grounds of opposing the law prohibiting open homosexuals from serving in the military. “This action causes me deep distress,” Kagen wrote. “I abhor the military’s discriminatory recruitment policy.” It is a “profound wrong – a moral injustice of the first order.” Her decision was essentially overturned by the Supreme Court on a unanimous 8-0 vote, showing how far out of the judicial mainstream her thinking is. Ms. Kagan has already tipped her hand on one of the most important issues that is likely to come before the Supreme Court. Overturning ‘Don’t Ask, Don’t Tell’ will have a devastating impact on military morale, recruitment and retention. Plus, there will be no possibility of promotions for officers and chaplains who defend natural marriage as a matter of conscience. Any officer with deeply held views about the immorality of homosexual behavior would have no future in Elena Kagan’s military. Our national security is far too important to become a plaything in the hands of judicial activists like Ms. Kagan would certainly be. Her nomination ought to be rejected on these grounds alone. Plus, Ms. Kagan is part of the Department of Justice that filed a brief which declared “this Administration does not support DOMA as a matter of policy [and] believes that it is discriminatory.” Marriage between a man and a woman is the cornerstone of any healthy society. To put someone with such hostility to natural marriage and duly enacted law on the Supreme Court is an unacceptable threat to this profoundly important institution. e Supreme Court of the United States. If confirmed, Ms. Kagan will fill the vacancy created by Justice Stevens‟ retirement at the end of this term.
Ms. Kagan currently serves as the Solicitor General of the United States. She was confirmed to that position on March 19, 2009, by a vote of 61-31. She is the first woman to hold that position.1 Before being confirmed as Solicitor General, she served as the first female dean of Harvard Law School.2 If confirmed, she will be the fourth woman to sit on the Supreme Court.3 She would also be the first Justice since former Chief Justice William Rehnquist to be confirmed without prior judicial experience.4 Her lack of judicial experience also means that she lacks a judicial record for senators to examine during the confirmation process.



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