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07/12/10
The Case Against a Kagan Confirmation
Filed under: General
Posted by: Maria Vitale @ 10:30 am

Senator Orrin Hatch argues against confirmation of Elena Kagan as a U.S. Supreme Court Justice in a piece appearing in National Review Online:

The first important standard is experience. Ms. Kagan has never before served as a judge — and, in addition, has little legal experience of any kind. Over the Supreme Courts long history, justices who were nominated without past judicial experience have had an average of 21 years of legal practice. Ms. Kagan has two. Her experience is instead academic and political.

Senator Hatch also believes that Kagan has an inappropriate judicial philosophy:

Will the Constitution control Elena Kagan, or will she try to control the Constitution? Does she believe that judges may change the meaning of the Constitution, and of the law generally? Is there any evidence that her personal or political views drive her legal views?

…Liberty requires limits on government; it always has, and it always will. That includes limits on judges. Measured against that standard, Elena Kagan’s record shows that her primarily academic and political experience and her activist judicial philosophy make her inappropriate for serving on the Supreme Court. Her hearing offered nothing to neutralize the clear evidence of what kind of justice she will be.

Please go to http://www.capwiz.com/nrlc/issues/alert/?alertid=15225531&type=CO to urge your Senators to oppose Elena Kagan for the Supreme Court.

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