Posts Tagged ‘Elena Kagan’

The Constitution Is the Problem? Ask Justice Elena Kagan.

Monday, March 12th, 2012

Bell, via Kagan, on Critical Race Theory: The Constitution Is the Problem.

In November 1985, the Harvard Law Review published an article by Derrick Bell that was a “classic” in the development of Critical Race Theory. The article was edited by then-student Elena Kagan, and was cited by Prof. Charles Ogletree in support of her nomination to the U.S. Supreme Court by President Barack Obama in 2010. The article makes clear that Critical Race Theory sees the U.S. Constitution as a form of “original sin”–a view later embraced by Obama as a state legislator, and reflected in his actions and appointments. The following is an excerpt from the non-fiction portion of the article; much of what follows is a fictional story that Bell intended as a parable of racial “fantasy.”

CONGRESSMEN (49) DEMAND INVESTIGATION OF ELENA KAGAN’S OBAMACARE LIES

Sunday, July 3rd, 2011

CONGRESSMEN (49) DEMAND INVESTIGATION OF ELENA KAGAN’S OBAMACARE LIES

Investigate Elena Kagan’s ObamaCare Lies, 49 Congressmen Demand
by Tom Fitton, Judicial Watch

Back in May I told you that Judicial Watch had uncovered explosive documents from the Obama Department of Justice (DOJ) indicating Supreme Court Justice Elena Kagan was heavily involved in crafting … while she served as Solicitor General. The documents appear to contradict Kagan’s contention that she was merely an uninvolved bystander. Well, now Congress has joined the effort to get to the truth in the matter, calling for a full investigation.

According to today’s The Washington Times:

Forty-nine Republican members of Congress have asked the House Judiciary Committee to “promptly investigate” Supreme Court Justice Elena Kagan’s role in preparing a legal defense for President Obama… when she served as solicitor general. In a letter to committee Chairman Lamar Smith, Texas Republican, and the panel’s ranking Democrat, John Conyers Jr. of Michigan, the lawmakers said that “contradictory to her 2010 confirmation testimony before the Senate Judiciary Committee,” recently released Justice Department documents show that Justice Kagan “actively participated with her Obama administration colleagues in formulating a defense” for the law.

Here’s a copy of the letter that was issued from the congressional office of Rep. John Fleming, who is also a physician, by the way. The letter states: “This revelation raises serious questions about Justice Kagan’s ability to exercise objectivity in any case relevant to [Obamacare] that comes before the U.S. Supreme Court.” Of course, the “Justice Department documents” referenced in The Washington Times report and in a release issued by Rep. Fleming’s office announcing the letter were disclosed through Judicial Watch. We are very glad to have played a role in helping to focus congressional attention on this crucial issue.

How crucial?

In one of the new emails, Kagan’s Deputy Solicitor General urged her to attend a healthcare litigation meeting, calling the legal fight over Obamacare, “litigation of singular importance.” (Judicial Watch’s lawsuit has been consolidated with a similar FOIA lawsuit that had been first filed against the DOJ by the Media Research Center. The lawsuits are now both before the U.S. District Court for the District of Columbia. The documents were first produced in the Media Research litigation.)

The U.S. Supreme Court will ultimately settle the issue regarding whether or not Obama’s socialist healthcare overhaul will be the law of the land. Everyone knows it. And if Elena Kagan is forced to recuse herself from hearing the case that will be one fewer dependably liberal vote on the Supreme Court for Obamacare. Since I covered our document discovery in May, I won’t re-publish all of the document excerpts we discovered. For a complete review, please click here. This action by 49 members of Congress is further testament to the importance of Judicial Watch’s work and is a prime example of your Judicial Watch’s leading watchdog role. When it comes to uncovering the truth and holding our Washington public officials (on the courts and in elected office) accountable to the rule of law, it often wouldn’t get done but for Judicial Watch.

Is Elena Kagan Obama’s Harriet Miers.

Tuesday, June 29th, 2010

From the Desk of:
David Martin, Executive Vice President, Media Research Center

MEDIA RESEARCH CENTER
6/28/2010

Do you feel like you know enough about Supreme Court nominee Elena Kagan to decide if she is fit to serve as a lifetime appointee on the highest court in the land?

Media Blackout of Supreme Court “Battle”.

Most people don’t, because the left-wing media have done a good job hiding what little we do know about her.

The Elena Kagan hearings began today, and few Americans are aware of her radical views on the Second Amendment, abortion, crime control, marriage rights, international law and many other critical issues.

Papers released by the William J. Clinton Library reveal Kagan’s belief that partial birth abortion needs to remain legal as the only certain way to protect the “health of women.” This is wildly out of the mainstream, and proves her commitment to a radical pro-abortion position.

Also during her time in the Clinton Administration, Kagan wrote an executive order to overturn nearly 30 years of Bureau of Alcohol, Tobacco and Firearms (ATF) precedent allowing the importation of certain hunting rifles to reclassify them as “assault weapons.” One of her own coworkers in the Clinton White House described this effort by saying “We are taking the law and bending it as far as we can to capture a whole new class of guns.”

All of these questions and more may be raised and should be raised – because they certainly weren’t raised by the so-called “news” media that have been noticeably silent about President Obama’s pick to replace Supreme Court Justice John Paul Stevens.

Since predicting the Senate confirmation process of Kagan would be a “meat grinder” and a “battle,” the networks have been eerily quiet –the complete opposite of their reporting of the run-up to the confirmation hearings for Bush appointees John Roberts and Samuel Alito hearings.

Kagan Argued Before Supreme Court: its Fine if The Law Bans Books Because Government Won’t Really Enforce It

She’s young, at 50, which means she could be on the court for a quarter century. And she’s never been a judge, which gives her a quality that Obama is known to have been seeking: someone to bring a different sensibility to a court that’s currently dominated by judges.

Many of the current justices hail from New York, or have ties to the city. All but one are from east of the Mississippi River. Picking Kagan does not send a message that Obama wants the court to represent the country better geographically.

That particular lack of experience also means she does not have a long record of controversial rulings that could provide fodder for the presidents political opponents.