(C4L) – Depend upon it! If confirmed by the United States Senate, Supreme Court nominee Elena Kagan will crown President Obama with “imperial” constitutional powers. Congress and Federal Courts will wither as checks against his presidential usurpations or abuses whenever war or other national security claims are bugled over Iran, North Korea, Yemen, international terrorism, economic adversity, or otherwise. In these matters, Kagan will prove the flip side of retiring Justice John Paul Stevens, whose vote and voice have, for decades, arrested executive branch lawlessness or encroachments on the co-equal branches of government. Stevens’ vote was decisive in a pair of recent cases invalidating both military commissions for the trial of alleged war crimes and the suspension of the Great Writ of habeas corpus for Guantanamo Bay detainees. Continue reading →
(NRO) – It has become clear that Elena Kagan, Obama’s most recent Supreme Court nominee, is no friend of gun rights, to say the least. While clerking for Supreme Court justice Thurgood Marshall in 1987, she wrote the judge that she was “not sympathetic” to a Second Amendment–based challenge to the D.C. gun ban. While serving in the Clinton administration, she wrote a memo that “paved the way for an executive order banning dozens of semiautomatic weapons,” according to the L.A. Times.
And National Review has learned that in 1996, Kagan apparently tied the NRA to the KKK — yes, the KKK — while debating the Clinton administration’s position on a bill.
The bill in question was the Volunteer Protection Act, which, when it was passed and signed the following year, protected some non-profits’ volunteer workers from tort liability in certain cases. The administration worried that it would apply to volunteers from unlikable non-profits. Read entire article
(PaulWatson) – In an interview on NBC’s “Meet the Press,” Senator Mitch McConnell pointed out that Obama’s Supreme Court nominee Elena Kagan once argued that the government should have the power to ban books and censor political pamphlets, as yet more alarming information on Kagan’s hostility towards the First Amendment comes to light.
During the Citizens United vs. FEC case, Kagan’s office was asked by Chief Justice John Roberts if the government could ban publications it they were paid for by a corporation or labor union.
“If it’s a 500-page book, and at the end it says, ‘and so vote for x,’ the government could ban that?” Roberts asked, to which Kagan’s deputy, Malcolm L. Stewart, said the government could censor such information.
(KurtNimmo) – The Republican version of the Tea Party, the Tea Party Express (a money-making machine for establishment Republicans), has drafted a guideline for selecting Supreme Court nominees.
The plan lays out “Five Constitutional principles,” as follows: “Judges must interpret the Constitution of the United States as written,” “Judges must not use their positions to replace the text of the law and Constitution of the United States with their own personal feelings or experiences,” and “Judges must understand that the Federal government has no power if the Constitution does not explicitly provide it.” Continue reading →
(RawStory) – Elena Kagan, President Barack Obama’s latest nominee to the Supreme Court, helped protect the Saudi royal family from lawsuits that sought to hold al Qaeda financiers responsible in the wake of the Sept. 11, 2001 attacks.
The suits were filed by thousands family members and others affected by the Sept. 11 attacks. In court papers, they provided evidence that members of the Saudi royal family had channeled millions to al Qaeda prior to the bombings, often in contravention of direct guidance from the United States. Continue reading →
(Fox) – Even his critics describe him as “brilliant,” but President Obama’s newly minted judicial nominee — law professor Goodwin Liu — will not have an easy time getting to the 9th Circuit bench. Continue reading →