The KAGAN file


Newt Gingrich slams Kagan

Elena Kagan: No Respect for Science
June 30, 2010
Truth sacrificed on the altar of partial birth abortion. More

Censors In, Liberty Out
June 30, 2010
We are learning that Elena Kagan would be quite comfortable subverting the First Amendment’s right to free speech. More

Kagan can’t answer, Do we have the power to tell people what to eat?
June 30, 2010
Get ready for the Commerce Clause on steroids. More

Jun 21, 2010
Hats off to Sen. Jeff Sessions! The top Republican on the Senate’s Judiciary Committee has opened up an important new front in the debate over Solicitor General Elena Kagan’s fitness to serve on the Supreme Court: her attitude toward the repressive Islamic legal code authoritative…



The Kagan Hearings
by  Human Events

We got you covered: Instantaneous information and warp-speed analysis on Elena Kagan’s confirmation hearings to the Supreme Court. Everything you’ll need to know right here.

HUMAN EVENTS is the news source President Reagan called his “favorite newspaper” and we still hold high the Reaganesque principles of free enterprise, limited government and, above all, a staunch, unwavering defense of American freedom.

Democrat to Kagan: Your judicial philosophy is almost invisible to us



Republicans lost no time in picking up on an unexpected statement by a Democrat senator during opening remarks for the Supreme Court confirmation hearing of Elena Kagan.

Sen. Herb Kohl (D-Wisc.), told Kagan blunty: “We have less evidence about what sort of judge you will be than on any nominee in recent memory. Your judicial philosophy is almost invisible to us.”

This sounds surprisingly like a point Republicans have been making to build the argument against Kagan. Sen. Jeff Sessions, in a floor speech on June 21, used it to raise concerns about Kagan’s professed admiration for several activist judges, including Aahron Barak.

“With no judicial record and little legal record, clues to Ms. Kagan’s judicial philosophy can be found perhaps by looking at people she admires, her mentors, judges she thinks represent the best way of conducting their office,” Sessions said.

Five Red Flags about Elena Kagan



 “His court has countermanded military orders, decided whether to release terrorists within the framework of a political ‘package deal,’ and has directed the government as to where it can put up a security fence to keep suicide bombers from entering Israel from the West Bank.”

Dr. Charmaine Yoest, president of Americans United for Life, lists several more of Barak’s objectionable positions here.

Judge Robert Bork said Kagan’s love of Barak disqualified her from sitting on the Supreme Court.  
2. Military Recruiting on Harvard campuses…Or Lack Thereof — Kagan decided to kick the military — a group that’s prepared to offer their lives so she can live in peace — out of Harvard’s recruiting office because she doesn’t agree with its Don’t Ask, Don’t Tell policy. She only allowed the military back on campus when Harvard stood to lose its federal funding because of a law (the Solomon Amendment) which says federal funds can be withheld if the military isn’t allowed to recruit on campus.

It gets worse: In a new report, the Judicial Crisis Network points out that Kagan kicked the military recruiters off campus based on a Third Circuit Court ruling that deemed the Solomon Amendment unconstitutional — although Harvard isn’t in the Third Circuit and the Third Circuit itself “ blocked its own ruling from taking effect while the Supreme Court reviewed it.”

When the Solomon Amendment came before the Supreme Court, Kagan signed her name to a brief asking that it be overturned. The Supreme Court ruled unanimously against her.
3.  She’s “Not Sympathetic” to At Least One of Your Constitutional Rights. Kagan famously said in a memo while clerking for Justice Thurgood Marshall, “I’m not sympathetic,” when a citizen asserted that the D.C. restrictions against guns and ammunition violated his right to keep and bear arms. It’s also unclear what was meant during a correspondence between Kagan and a Clinton White House aide where she apparently refers to the NRA and the KKK as “bad guy organizations.”

4. Does She Prefer the Law or Politics? As a clerk for Justice Thurgood Marshall, Kagan argued that the court refuse a case not based on legal principles, but on which way she thought the court might rule.  This particular case dealt with taxpayer-funded abortions for inmates, and Kagan proposed that the court not accept the case because it was “likely to become the vehicle that this court uses to create some very bad law on abortion and/or prisoners’ rights.”

5. She’s Inexperienced. Kagan may have had a brilliant career — the crown jewels being her work in the White House and serving as dean of Harvard Law School — but she never argued a case before a court until she was named solicitor general. She would be the only currently sitting Supreme Court justice without previous experience as a judge. The last Supreme Court justice to not serve as a judge — William Rehnquist — had 15 years of private practice to his credit.  Kagan has spent 14 years in academic, two years in private practice, and seven years in government. You can see the complete breakdown of each current Supreme Court justice’s experience here.

1. Her Judicial Hero Is an Judicial Activist — Elena Kagan in 2006 declared that Israeli Judge Aahron Barak was her “judicial hero.” “He is the judge who has best advanced democracy, human rights, the rule of law, and justice,” Kagan said. Yet Barak’s record is peppered with beliefs that most Americans would find questionable — like making judgments about  the deployment of troops in wartime. Americans United for Life lays out how several of Barak’s decisions have impacted Isreal’s military strategy:

Miss Meinecke was a member of Hillsdale College’s Dow Journalism Program, sports editor and beat reporter for the campus newspaper, and also contributed to Life Times, the newsletter for Southern Indiana Right to Life. She interned at Comcast SportsNet in Washington, D.C. through the National Journalism Center before joining Human Events in August 2008. E-mail her at You can request to follow her on Twitter.

A User’s Guide to the Kagan Hearings



After Supreme Court Justice John Paul Stevens announced his retirement plans April 9, President Obama waited a month before nominating Solicitor General Elena Kagan for the vacancy. Her confirmation hearings before the Senate Judiciary Committee will begin Monday, June 27.

BIOGRAPHY: Kagan, 50, is a native of New York City’s affluent Upper West Side. She graduated summa cum laude from Princeton University in 1981, writing her senior thesis about the history of socialism. She attended England’s Oxford University on an honors scholarship, receiving a master’s degree in philosophy in 1983, then attended Harvard Law School, where she was an editor of the law review and graduated magna cum laude in 1986. She then served as a law clerk for two years, first for federal appeals court Judge Abner Mikva and then for Supreme Court Justice Thurgood Marshall, before joining a leading D.C.-based law firm, Williams & Connolly.

In 1991, Kagan became a professor at the University of Chicago law school, then joined the Clinton administration in 1995 in the White House counsel’s office, later becoming deputy director of the Domestic Policy Council. President Clinton nominated Kagan to an appeals court judgeship in 1999, but the Republican-controlled Senate refused to scheduled hearings, effectively blocking the nomination. In 2001, Kagan joined the law faculty at Harvard, becoming the first female dean of the university’s law school in 2003.

CONFIRMATION POLITICS: Republican senators initially expressed little strong opposition to Kagan’s Supreme Court nomination. Kagan’s appointment to replace the liberal Stevens would not change the court’s ideological balance. Professor Glenn Reynolds called her “a wise pick for a president who is no longer flying high in the polls, and who can’t afford a contentious confirmation fight.” When she was chosen as solicitor general, seven Republicans were among the 61 senators who voted to confirm her (all 31 “nay” votes were Republicans) in 2009. However, the Supreme Court is a lifetime appointment and Kagan can expect sharp questioning from Republican senators during her Judiciary Committee hearings, chaired by Sen. Patrick Leahy (D-Vermont). Kagan’s nomination will almost certainly be approved by the committee, where Democrats outnumber Republicans 12-7. Can opponents muster the 41 votes necessary to block her nomination with a filibuster on the Senate floor? It’s a long shot, although if Kagan makes any clear missteps during her committee hearings, and conservative activists can fire up the grassroot opposition in this mid-term election year, GOP senators – and perhaps even some embattled Democrats facing strong challengers in November – could turn against her.

ISSUES AND CONTROVERSIES: Her supporters describe Kagan as non-ideological and pragmatic, but her record clearly defines her as a liberal. Most criticism of Kagan comes from conservatives, although she is also viewed with some suspicion by various liberal groups and activists. Among the subjects that may stir controversy during her confirmation hearings:

  • Anti-Military Views – As dean of Harvard Law School, Kagan supported a university policy banning military recruitment on campus in protest of the Pentagon’s “don’t ask, don’t tell” policy on homosexuals in the armed forces. In a 2003 e-mail to Harvard students, Kagan wrote: “I abhor the military’s discriminatory recruitment policy,” calling it “a moral injustice of the first order.”
  • Abortion Questions – Pro-life activists are among the staunchest opponents of the Kagan nomination. Americans United for Life has issued a series of memos called the “Kagan File” and helped organize conservative opposition to Kagan. At the same time, however, the liberal pro-choice group Center for Reproductive Rights has questioned Kagan’s commitment to legal abortion, noting a 1988 memo she wrote while a clerk to Justice Marshall, in which Kagan seemed willing to accept some limits on late-term abortion.
  • Judicial Philosophy — Conservatives who suspect Kagan of taking a liberal activist approach to law have cited her praise for Israeli Supreme court judge Aharon Barak as “my judicial hero.” An online video of that 2006 speech went viral last week, and U.S. News & World Report columnist Paul Bedard reported: “Republican Senate aides say Kagan’s praise for the self-described activist judge will be one of two key issues the GOP will press Kagan on.”
  • The Race Card – Despite her solid liberal credentials, Kagan’s record has raised questions from some civil rights organizations. As the Washington Post reported, leaders of such groups as the National Bar Association (the leading organization of black lawyers) and the Mexican American Legal Defense and Educational Fund have expressed skepticism about Kagan’s commitment to affimative action and her positions on racial profiling and immigration issues.
  • The Bork Factor – If opponents manage to defeat Kagan’s nomination, she’ll have no room to complain, having praised the success of liberals in blocking the Supreme Court nomination of Judge Robert Bork, whom President Reagan appointed in 1987. Video of a speech Kagan gave in 1997 shows her proclaiming: “I loved what happened in the Bork hearings. . . . The Bork hearings were the best thing that ever happened to constitutional democracy.” As might be expected, Bork himself is among Kagan’s critics, participating in a June 24 conference call organized by Americans United for Life in which he said of the nominee: “Ms. Kagan has not had time to develop a mature philosophy of judging . . . The academic world is not a place in which you learn prudence and caution, and other virtues of a judge, and she has not had experience anywhere else that I know of.”



We Have Elena Kagan’s College Thesis    
Erick Erickson

It begins with a dedication to her brother who she says was involved in radical politics and it ends with a lament to the failures of socialists to enact their socialist revolution. She’s Barack Obama in a pant suit and we have her thesis… Read More

Kathleen Parker

Ivy Leaguer Kagan Not Close to Mainstream America



Barack Obama Chooses a Mirror Image of Himself for the Supreme Court
Elena Kagan is Obama. If he wasn’t sure she was liberal, she wouldn’t be there. – Rush


Speculation Begins About Kagan’s Abortion Views

The Top 10 Dumbest Defenses of Elena Kagan

What to do when your nominee to the Supreme Court has no experience on the bench, filed an amicus brief that got blown out of the water, worked a skimpy two years in the private sector, treated members of the military as second-class citizens, and penned only a limited number of “scholarly” articles?

Naturally, you talk about all the free tampons she distributed while at Harvard. If only I were kidding. It turns out that Kagan’s résumé is so threadbare that Team Obama is floating a myriad of pathetic talking points to pad its candidate’s “qualifications.”

See for yourself.

1. The baller. Not only are we told that she’s “ambitious, restless, [and] intellectually acute,” but, as Politico noted, she “even shares the president’s love of a good, grinding pick-up basketball game.” Say what? She enjoys a “grinding pick-up basketball game”? Well now, that settles it then. Bust out the basketball trunks, throw on a jersey, and move yourself straight to the front of the line for a lifetime position on the most powerful court in the world! What could go wrong? As an aside, can you even imagine Kagan “grinding” on the court?

2. She’s one of us. From the mouth of Barack, a Kagan confirmation would be “more reflective of us as a people than ever before.” And if by “reflective,” the president means that most Americans go from Princeton to Oxford to Harvard to the University of Chicago… then back to Harvard, well yes, Kagan’s mug should replace Lincoln’s on the $5 bill because she’s so “reflective” of America.

3. Feminine products. At Harvard, Kagan gained popularity by offering “free coffee outside classrooms and free tampons in the women’s restrooms.” Surely, these were exactly the type of qualities Thomas Jefferson sought when picking a justice.

4. The tokens. Kagan herself tells us that she strove to “bring people together,” specifically by hiring conservative professors. Obama touts this as “openness to a broad array of viewpoints.” Um, so let’s get this one straight. As the dean of one of the nation’s most prominent law schools, she took steps to introduce her students to different opinions and thus fulfill the mission of a university? The left is asking us to pat her on the back for doing her job? Okay, fine. Let’s buy her a meat-lovers pizza and call it even. Besides, out of the 43 hires she authorized, only 3 were conservative. Big deal.

5. Born in the U.S.A. “Elena is the granddaughter of immigrants,” Obama boasted of his pick, which is to say that Kagan’s parents’ parents immigrated to this country. And that makes her special again how?

6. Triple Axel. Kagan, we’re told, improved “student life” at Harvard with a “revamped student center, an upgraded gym and an ice-skating rink” that also “doubled as a volleyball court.” Did I miss the memo, or is the Supreme Court now the new training grounds for the 2012 Olympics?

7. Justice Pavarotti. Pete Williams of NBC News recently affirmed Kagan as an “accomplished poker player [and] opera lover,” which, as we know, Jefferson would have used to to vet his picks for Justices as well.

8. Toilet preference. Obama describes Kagan as a “trailblazing leader” for being the first female solicitor general and the first female dean of Harvard’s law school, as if we’re supposed to judge her fidelity to the Constitution because she happens to sit and not stand while urinating.

9. Good news: Kagan ain’t deaf. Television legal analyst Lis Wiehl gushed that the Supreme Court nominee ran Harvard Law with “grace” and is an “avid listener.”

10. Kagan actually “welcomed the military to campus.” So says White House shill Valerie Jarrett, even though Kagan authored a memo bragging that she “reinstated” the school’s ban on the military in the Spring of 2005, but reluctantly lifted the ban in the Fall of that same year, after the Department of Defense threatened to “withhold all possible funds if the Law School continued to bar the military” from Harvard.  

Now that we have those gems out of the way, enjoy the rest of your day thinking about Elena Kagan in her booty basketball shorts, “grinding” on the court ;).

What statements have you spotted that are also miserable attempts by this administration to beef up Kagan’s already suspect “qualifications?” Let’s see what you got. Share them below!  

Mr. Mattera is the editor of HUMAN EVENTS and the author of Obama Zombies: How the Liberal Machine Brainwashed My Generation (Simon & Schuster).

Dick Morris: Kagan Unfit for High Court

Thursday, 13 May 2010 09:06 PM
By: Dan Weil

Elena Kagan, President Obama’s nominee for the Supreme Court, isn’t qualified to serve there, as shown by her work on the losing side in an important political speech case, says Newsmax contributor Dick Morris.

The crack political strategist doesn’t think Republicans will be able to stop the nomination. “But a good purpose is served by focusing on her record and perhaps by raising key points that need to be answered,” he told Newsmax.TV.

One of those points is her advocacy as solicitor general on the losing side of Citizens United v. Federal Election Commission. In that case, the Supreme Court affirmed the free speech right of corporations to spend money in political campaigns.

Morris can accept that she argued companies shouldn’t be able to spend money in elections, as that was her job.

But he finds it unfathomable that she contended that books and pamphlets published by companies should be excluded too.

“In other words, if I write a book attacking Hillary Clinton, and my publisher Harper Collins brings it out, and it goes for sale in Iowa within 60 days of the caucuses, her position is the book should be banned in Iowa,” Morris explains.

“That’s a ridiculous misunderstanding of the guarantees protecting political speech in the first amendment.”

And she didn’t just take that stance as part of her job, Morris points out.

“She actually supported it personally and made the point that she held that view personally. And when Obama appointed her, he alluded to her position in the Citizens United case as being a major reason for her appointment.”

So what does that say about Kagan’s fitness for office?

“I think anyone that treats the first amendment in that kind of slipshod way shouldn’t be on the Supreme Court,” Morris said.

As for the November congressional elections, things are looking up for the Republicans, Morris says. He predicts a GOP takeover of both the House and Senate.

“The Republican Party is gaining all over the country,” he said. Indeed, “It isn’t just the Republican Party, it’s animosity against incumbents.”

Morris was particularly pleased by Tuesday’s primary defeat of 14-term Rep. Alan Mollohan, D-W. Va.

The one-time ranking Democrat of the House Ethics Committee was being investigated for funneling money to non-profit organizations run by friends and business partners.

“He was about to be indicted, and then Obama and Holder killed the investigation a week before the healthcare vote, and all of a sudden Mollohan voted yes on healthcare,” Morris notes.

“We’re well rid of him.”

Morris thinks Sen. Arlen Specter, D-Penn., also will lose his primary, joining Sen. Bob Bennett, R-Utah, who recently did the same.

“The anti-incumbent mood is a cleansing force sweeping through our politics, and I’m very glad about it,” he said.

While legislators like Bennett and Mollohan brought home the bacon to their districts, “voters have caught on that the bacon is coming out of their left side,” Morris said

“These earmarks are financed not by the martians but by the taxpayers in that district.”

Morris is outraged that the United States may be exposed to $54 billion of a potential International Monetary Fund aid package for Europe.

The IMF shouldn’t help a country like Greece that is responsible for its own financial crisis, he maintains.

“Greece brought this on itself by reckless overspending.” The country’s budget deficit totaled 13.6 percent of GDP last year.

“They got themselves into this mess. They should be allowed to stew in this themselves,” Morris said. The only reason other European nations are helping is because Greece is part of the euro currency, he explains.

The sole immediate issue for the United States in Europe’s mess is that a stronger dollar against the euro hurts U.S. exports to Europe, Morris says. That’s because a rising dollar makes U.S. goods more expensive in euro terms.

“Right now our recovery, to the extent we have one, is driven almost entirely by exports because U.S. demand is just beginning to recover, and it’s offset by higher inflation,” Morris said.

Elena Kagan Will Be Obama’s Legacy

Thursday, 13 May 2010 12:47 PM

By: Andrea Tantaros

Barack Obama will forever be known as the first black president. He’ll be remembered as the first president to speak to the Muslim world from a Muslim country. Many will reflect on his dependence on the teleprompter, and that he was the first president to have a blackberry, and third sitting president to win the Nobel Peace Prize.

President Obama will have a lot of defining moments. And though he might be on his way out in two — or even six — years, long after he’s left the Oval Office, Elena Kagan, if confirmed, just might be Obama’s biggest, and most potent legacy, making her vetting all the more critical.

The highest court in the land is responsible for some of the most dramatic policy outcomes in our country’s history. Now, more than ever before, we find key issues of importance front and center of the judicial branch and Elena Kagan could be the tipping point in their outcomes, like the fate of the sweeping, highly unpopular healthcare bill.

Eighteen states have already filed legal challenges through their attorney generals against Obama’s key initiative to date, the healthcare legislation, and five more states joined as recently as last week. The joint lawsuit led by Florida was filed on March 23 by mostly Republican attorney generals.

It claims the sweeping reform of the $2.5 trillion U.S. healthcare system, jammed through by Democrats in the Congress after months of manipulation and nasty partisan fighting, violates state-government rights in the U.S. Constitution and will force massive new spending on hard-pressed state governments.

In addition to the pending lawsuits, bills and resolutions have been introduced in at least 36 state legislatures seeking to limit or oppose various aspects of the reform plan through laws or state constitutional amendments making the fate of this giant legal challenge — the constitutionality of the healthcare bill — likely to end up at the door of the Supreme Court, thus on Kagan’s desk.

And what about immigration reform? With states like Arizona taking steps of their own to solve their undocumented alien crisis, and more states poised to follow suit, the question of whether or not Kagan will rule in favor of the Tenth Amendment is a confirmation hearing imperative.

Already, opposition groups have made clear they’ll challenge the Arizona law, including Obama’s Attorney General himself, Eric Holder. Under the Tenth Amendment, “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

It could be years before we see comprehensive reform on immigration, but depending on the final product, the issue is likely to make its way to the highest court in the nation. Kagan, again, could determine the fate of the ruling and set precedent.

Besides issues on healthcare, immigration, and states’ rights, expect Kagan to have influence over game changing eminent domain cases where the government has been involved in power grabs with people’s land.

The court is also likely to face cases on regulation of the Internet, military issues like “don’t ask, don’t tell,” campaign finance, potential environmental decisions, the Fairness Doctrine, religious freedom, and perhaps most importantly — the federal government and the War on Terror.

All of these are areas where President Obama or his administration will have weighed in, making them part of his legacy.

Thanks to a complacent, love-struck media, our current president wasn’t tested and vetted as he should have been.

Like Obama, Kagan doesn’t have a robust paper trail so we are unable to discern her judicial temperament and philosophy because she’s never been a judge. That’s why it’s terribly important that she gets a good grilling, under very rigorous questioning in the Senate.

Elections have consequences, and Supreme Court nominees embody these consequences. At only 50 years old, a confirmed Justice Kagan would be likely to stay on the highest court for the next 30-40 years and will rule on the most serious and sensitive decisions in our country’s history — making her appointment pivotal — and her future ultimately Obama’s potential past.



Young America’s Foundation will not allow Senators to give Elena Kagan a free pass, to a lifetime appointment on the Supreme Court, without a fight.

TODAY, concerned citizens across the country are calling their Senators and demanding that they “KEEP OUT KAGAN.”

YOU can take action as well – call the Congressional Switchboard at (202)224-3121, ask for your Senators, and urge them to “Keep Out Kagan.”

Elena Kagan is too extreme for America: 

• Kagan has continuously trampled on student and individual rights, arguing that the government has the right to ban or censor certain publications. 

• Kagan enacted an apartheid system which prevented students from meeting with military recruiters at the Harvard Office of Career Services (OCS) while she served as dean of the law school. 

• Kagan signed an amicus brief encouraging the U.S. Supreme Court to strike down the Solomon Amendment, legislation designed to defend students’ rights to meet with military recruiters on campuses across the country.

• Kagan’s Princeton thesis laments the decline of socialism in America. 

These points alone should automatically disqualify Kagan from being considered for the Supreme Court vacancy – and we need people like you to remind our Senators of that fact. 

So join us by saying, “KEEP OUT KAGAN,” today by calling your Senators, and telling your friends to do the same! Again, you can reach your Senators by calling the United States Capitol Switchboard at (202)224-3121.

With your support and phone calls, we can KEEP OUT KAGAN



Young America’s Foundation
National Headquarters
F.M. Kirby Freedom Center
110 Elden Street, Herndon, VA  20170

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Santa Barbara, California  93101

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Washington, D.C. 20045

~ ~ ~

Kagan Reject
While you’re at it, make sure you’ve written your senators asking them to reject Kagan to the Supreme Court.
So far, users have sent 2,095 letters about Kagan’s nomination, with 83 percent opposed and 17 percent in favor.
~ ~ ~
Mathew Staver, Founder and Chairman
Liberty Counsel

            On the brink of her Senate hearings, we now have
            a substantial body of evidence that Elena Kagan's
            political activism has caused her to cross the
            boundaries of good judgment on several occasions.
            It would be a great mistake to allow her a seat
            on the Supreme Court.  Please see my urgent
            message below. - Mat

Critical new information has been released by Senator Jeff
Sessions (R-AL), the senior Republican on the Senate's
Judiciary Committee, exposing yet another example of the
truly radical nature of Elena Kagan's political views.

            As Dean of the Harvard Law School, Kagan made
            no protest concerning very large donations to
            Harvard from Islamic sources interested in
            promoting Shariah Law - while at the same
            time denying the U.S. military access to the

Kagan prohibited military recruiting on the law school
campus, saying that the "Don't Ask, Don't Tell" (DADT)
policy was "a profound wrong, a moral injustice of the
first order."

Kagan's position was later unanimously rejected by the U.S.
Supreme Court.  But the story gets much worse...

At the same time she was banning military recruiters from
campus,  Harvard University accepted $20 million from a
member of the Saudi Royal family to establish a center
for 'Islamic Studies' and Shariah law.

Kagan banned the military and distorted the law because
she views the world through the lens of her own ideological
activism and promotion of homosexuality, but then welcomed
Islamic studies to promote Shariah law at Harvard!

++Kagan's bias for international law is very dangerous.

According to Frank Gaffney of the Center for Security
Policy, Dean Kagan "personally officiated in 2003 over
the establishment of an ‘Islamic Finance Project' at
the law school. The project's purpose was to promote
what is better known as ‘Shariah-Compliant Finance'
(SCF) by enlisting in its service some of the nation's
most promising law students."

Why is this significant? Because SCF has its roots in
something called "The Muslim Brotherhood," whose stated
General Strategic Goal in North America is...

            "...a grand Jihad in eliminating and destroying
            the Western civilization from within and
            'sabotaging' its miserable house by their
            hands and the hands of the believers so that
            it is eliminated and God's religion is made
            victorious over all other religions."

Elena Kagan must be held accountable for acquiescing to
(if not outright supporting) the goals of radical Muslims
while denying our military recruiters access to students.
Kagan has shown that she cannot be objective.

++Countdown to Kagan's Senate confirmation hearings.

Next Monday, the full Senate begins the confirmation
hearings on Elena Kagan's nomination to the Supreme
Court.  I want to release an unprecedented barrage of
faxes to stop her on the Senate BEGINNING MONDAY!


I'm asking every member of the Liberty Counsel team to
press hard on targeted Senators with this call to action.
Your faxes will be scheduled to be delivered with
thousands of other citizens' faxes as part of this
massive FAX BARRAGE.

Go here to schedule your targeted faxes:

If you prefer, we always encourage you to send your own faxes. We have provided all the information you need to reach Senators. Elena Kagan could potentially serve on the Court for 30 to 40 years. And her “blank slate” of judicial qualifications and “stealth” record compel us to resist her confirmation to avoid dangerous surprises after she is seated. Along the same line, several Senators are complaining because it appears that 1,600 pieces of vital information from Kagan’s time in the Clinton Administration are being withheld for “confidentiality” reasons! Like Barack Obama before her, large parts of her past are being hidden from view. Senator Sessions has even warned that many Senators may boycott the hearings over this “stealth” treatment. We must not give Elena Kagan a free pass to the High Court! ++Kagan’s opinions are outside those of mainstream America. The United States Supreme Court overturned Ms. Kagan’s misguided resistance of military recruitment by a 9-0 vote, clearly demonstrating that her views are well outside the mainstream of American legal thinking. Kagan’s expressed bias toward homosexuality will affect her legal positions on the entire range of family, marriage, and homosexual “rights” issues she is likely to rule upon if confirmed. The Senate confirmation hearings begin next Monday, yet more and more troubling information about Elena Kagan seems to surface on a daily basis. Last month, shortly after President Obama announced Kagan as his nominee to replace retiring Justice John Paul Stevens, we informed the Liberty Counsel team of her unacceptable views on abortion, judicial activism, socialism, and many other key topics. Those concerns, of course, come in addition to her utter lack of judicial experience. Americans just don’t know enough about how this “stealth” nominee would perform on the High Court. ++Free “White Paper” exposing Kagan’s activist philosophy. To help you see the full scope of Kagan’s activist beliefs, Liberty Counsel has produced a White Paper exposing her writings, her policies and ideologies. It is vitally important for every concerned citizen to have this resource because Kagan and the Obama team are hard at work obscuring her true record and persuading so-called “moderates” in the Senate to support her. ++Schedule your faxes now! I believe the next SEVEN DAYS could be absolutely crucial in this battle to have Elena Kagan’s real record and beliefs brought forth before Senators begin voting. I want to flood the Senate with an unprecedented barrage of faxes every day next week – beginning Monday morning. Please go here right now to take part in our FAX BARRAGE that will begin as soon as Senators open their offices Monday morning. Please join Liberty Counsel and many thousands of your fellow concerned citizens in preventing Elena Kagan from being seated on the Supreme Court of the United States! Thank you and God bless you! Mathew Staver, Founder and Chairman Liberty Counsel P.S. Elena Kagan’s radical ideologies are finally being exposed. The Supreme Court bench requires Justices who have a keen understanding of the law and an ability to interpret the law without invoking their personal political viewpoints and prejudices.



National Review: Did Kagan Compare the NRA with the KKK?
– National Review online
It has become clear that Elena Kagan, Obamas 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 Amendmentbased 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 administrations position on a bill.
Read More

5/13/2010 – Supreme Court Nominee Kagan no friend of gun rights

In a move that will shock no one, President Barack Obama nominated a gun-unfriendly attorney to the United States Supreme Court.

Elena Kagan, Obama’s second female Supreme court nominee, was the lawyer for the White House that wrote the Clinton firearms import ban.

Additionally, as a law clerk, Kagan lobbied Justice Thurgood Marshall to oppose firearms rights for citizens of Washington D.C..

You can read more about Kagan on the National Association for Gun Rights Blog

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National Right to Life News

Next Monday the Senate Judiciary Committee officially takes up the Supreme Court nomination of Elena Kagan, the former Dean of the Harvard Law School. National Right to Life opposes her confirmation. Let me make a couple of points, since we have written about her here, in National Right to Life News, and in National Right to Life News Today.

Read more…


Ms.Elena Kagan, of the Upper East Side…


Ann Coulter hits the nail on the head with her article on Elena Kagan.   It absolutely sums up both Kagan and her brand of political philosophy with absolute accuracy. Read more




Kagan Lacks Wisdom of Solomon

Last week Senate Judiciary Chairman Pat Leahy (D-Vt.) took to the Senate floor to defend President Obama’s Supreme Court nominee Elena Kagan’s role in kicking military recruiters off of Harvard’s campus while she was the law school dean. He might have wanted to wait to read the new documents released this weekend that show that not only was Elena Kagan key in kicking military recruiters off campus, directly violating U.S. law, she did so more or less independently–not even consulting the dean of Harvard University, Lawrence Summers. The law she violated was the Solomon amendment that insists that if your university accepts federal funds it should also accept military recruiters. She called the current policy of “Don’t Ask Don’t Tell,” which was created by her future boss President Bill Clinton and supported by the Democratic Congress at the time, “a moral injustice of the first order.” She was so outraged that she did not work with the Pentagon to find a solution, instead leaving that work to others, which was fine to Military leaders at the time who found her hostility to them prevalent. If Ms. Kagan has such disdain for passed legislation she disagrees with that she is willing to violate the law instead of seeking a solution, does she really have the temperament to have a permanent seat on the U.S. Supreme Court?


By Jim Kouri, CPP
May 21, 2010

While President Barack Obama’s sycophants within the mainstream media are attempting to paint the President’s nominee to the U.S. Supreme Court, Elena Kagan, as a moderate, it’s the blogosphere and talk radio that are exposing her radical politics which are more akin to those of Obama than those of the Founding Fathers.

For example, during the Bush Administration’s battle against radical Islamic terrorists, Kagan said the tactics being used to protect Americans resembled those of a Third-World banana republic.

She also accused lawmakers, who wished to limit the reach of the Supreme Court in the Executive Branch’s warfighting power, of being “fundamentally lawless.”

While Kagan never served as a judge in any court, her opponents believe there are other events in her background that require review by the U.S. Senate during her confirmation.

As the Dean of the Harvard School of Law, Kagan barred military recruiters from campus during a time of war, because of the Clinton Administration’s “Don’t Ask, Don’t Tell” policy regarding homosexuals in the military. Ironically, she did not turn down a position in the Clinton Administration.

“In a time of war and escalating radical Islamic threats, Supreme Court Justice Nominee Elena Kagan shamelessly disregarded the safety of our country to promote her personal politics. Kagan was the Dean at Harvard Law School when she kicked military recruiters off campus because of the “don’t ask don’t tell policy,” which bars individuals who are openly gay or bisexual from joining the military,” according to Alan M. Gottlieb at the American Political Action Committee

According to and other blogs on the right, Kagan herself is allegedly suspected of being a lesbian, therefore many will understand her aversion to any policy that targets homosexuals. However, the same accusation was made in the aftermath Associate Justice Sonia Sotomayer’s nomination and had no bearing on her confirmation.

“President Obama’s nomination of Elena Kagan to the Supreme Court is irresponsible. Ms. Kagan is a liberal activist and political operative with no experience as judge. A Supreme Court nominee ought to have significant practical experience as a lawyer or a judge — especially a nominee for thee nation’s highest court. Her decision to throw military recruiters off the campus of Harvard Law School during a time of war shows she is far to the left of mainstream America,” said Tom Fitton, president of the legal-watchdog group Judicial Watch.

“The fact that she continued to work in the Clinton White House after it became clear that President Clinton lied under oath raises questions about her ethical judgment. And her record, as spotty as it is, shows that Ms. Kagan is a committed liberal judicial activist,” Fitton added.

Tea Party activists have been advised to pay close attention to Kagan’s nomination. With looming constitutional battles ranging from Obamacare to illegal immigration, the United States Senate should ensure that only a justice who will strictly interpret the U.S. Constitution is approved, according to several conservative and moderate attorneys.

There’s no reason to believe that Ms. Kagan meets the standard strict interpretation. Her friend and idol Barack Obama doesn’t believe in “original intent” so why should his nominee.Given the stakes, every U.S. Senator should know that the upcoming vote on Ms. Kagan will be as closely watched as their votes on Obamacare, said Judicial Watch’s Fitton.

© 2010 Jim Kouri- All Rights Reserved

Jim Kouri, CPP is currently fifth vice-president of the National Association of Chiefs of Police. He’s former chief at a New York City housing project in Washington Heights nicknamed “Crack City” by reporters covering the drug war in the 1980s. He’s also served on the National Drug Task Force and trained police and security officers throughout the country.

He writes for many police and crime magazines including Chief of Police, Police Times, The Narc Officer, Campus Law Enforcement Journal, and others. He’s appeared as on-air commentator for over 100 TV and radio news and talk shows including Oprah, McLaughlin Report, CNN Headline News, MTV, Fox News, etc. His book Assume The Position is available at Amazon.Com,, and can be ordered at local bookstores.

Elena Kagan’s Shariah Red Flag
Jun 21, 2010
Hats off to Sen. Jeff Sessions! The top Republican on the Senate’s Judiciary Committee has opened up an important new front in the debate over Solicitor General Elena Kagan’s fitness to serve on the Supreme Court: her attitude toward the repressive Islamic legal code authoritative…


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