More on Kagan

May 13, 2010

I have been searching around some more and have not found anything that would change my mind about Kagan.  Here are some of the more damaging items I have seen.

These are exerts from an article Kagan wrote while at Princeton.

“Where I grew up - on Manhattan’s Upper West Side - nobody ever admitted to voting Republican. The real contests for Congress and the state legislatures occurred in early September, when the Democratic primary was held. And the people who won those races and who then took the November elections with some 80 per cent of the vote were real Democrats - not the closet Republicans that one sees so often these days but men and women committed to liberal principles and motivated by the ideal of an affirmative and compassionate government.”

“And then, of course, less felt but equally significant were the other races. Reagan I expected, but Symms, Abdnor, Quayle and Grassley I did not. Even after the returns came in, I found it hard to conceive of the victories of these anonymous but Moral Majority-backed opponents of Senators Church, McGovern, Bayh and Culver, these avengers of “innocent life” and the B-1 Bomber, these beneficiaries of a general turn to the right and a profound disorganization on the left.”

“In my more rational moments, I can now argue that the next few years will be marked by American disillusionment with conservative programs and solutions, and that a new, revitalized, perhaps more leftist left will once again come to the fore.”

I originally saw this article on this website, which is tracking Kagan.  I saw that media matters is already putting out propaganda saying that Fox news and others are misrepresenting her with this article so if you think that, you can read the whole article yourself.  Princeton is so proud of her leftist views that they have re-posted the article here.

Kagan also seems to have problems with the very straight forward 2nd Amendment.  She made the following comment during her confirmation as Solicitor General.

“There is no question, after Heller, that the Second Amendment guarantees individuals the right to keep and bear arms and that this right, like others in the Constitution, provides strong although not unlimited protection against governmental regulation,”

There is a good Bloomberg article discussing Kagan and her views on the Second Amendment among other things here. Within this article I found the section I have copied and pasted below the most revealing.

“The memos provide clues to Kagan’s potential approach as a justice. Much like Marshall, Kagan might find herself playing defense, at least in her first few years, working strategically to thwart the agenda of a more conservative majority. Kagan on numerous occasions urged the justice to vote for so-called defensive denials, rejecting appeals from criminal suspects and defendants to prevent his more conservative colleagues from giving more power to police and prosecutors. She urged rejection of an appeal from an Illinois man whose burglary conviction hinged on evidence discovered when he was stopped, ordered to lie down and searched by police. The search took place even though police lacked the “probable cause” required to make an arrest, Kagan said. Kagan said she thought the court, if it heard the case, would uphold the conviction. That “would be an awful and perhaps quite consequential holding,” she wrote. ”

Remember that character thing I wrote about.  It surfaces once again.

There are also some serious questions about a paper she wrote on freedom of speech.  Here is a link to an article that can explain it better than me.   It aligns with her view of the constitution in general.  It is kinda scary how much power she believes the courts should have in re-writing what is law and what is not.

I hope you will take the time to read some of these articles to better understand who Obama has nominated to the Supreme Court.  It was a real eye opener for me, even with my pre-conceived notion of who he would pick.  On another note… So I do not leave you completely depressed about what our country is coming to, here is something that might cheer you up.   I think I found my new favorite politician, if you want to call him that.  Scott Walker is running for Governor of Wisconsin.  You might want to check out his Brown Bag Movement and see what I mean.

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