Ogden goes far beyond the left into radical territory regarding pornography and obscenity. Burch’s memo states that Ogden, while an attorney in private practice, “filed briefs pushing for gays in the military, for continued racial preferences, and for a virtually unlimited abortion license.” Worse, Ogden argued for Playboy, Penthouse and the ACLU in obscenity and pornography cases. According to Fidelis, Ogden opposed the Children’s Internet Protection Act (CIPA) and the Child Protection and Obscenity Enforcement Act (CPOEA). The CIPA Act includes a provision requiring Internet filters in federally-funded libraries. The CPOEA Act requires verification that models in pornographic films be certified over age 18. Ogden argued that these requirements placed too heavy a burden on pornographers and infringed on filmmakers’ Constitutional rights. Ogden pushed for taxpayer funding to publish Playboy in Braille, he tried to get Playboy off the list of “pornographic” magazines, he argued for “consenting adults” to have telephone sex, and the list goes on and on in terms of his advocacy for lowering the barriers to moving pornography and obscenity into America’s mainstream.

Further, Mr. Ogden supported racial preferences and showed a lack of respect for private property rights. Ironically for a man who is nominated to uphold United States laws, he advocated the use of international law instead of U.S. law in court cases.

This is a man who opposes commonsense laws that have the support of the majority of Americans. He opposes commonsense restrictions on pornographers. With his firmly held belief in a “living” Constitution that can be adapted to fit the current situation, and his use of social science to “prove” the arguments he makes rather than depend on the “rule of law,” this is a dangerous man to be second in command at the Department of Justice.

Legal activism is always a concern, but when coupled with Ogden’s views, it becomes dangerous. In the DOJ position, he could use the courts as a vehicle for advancing the pro-abortion and homosexual agendas. A person in the DOJ position with his views could unleash the porn and obscenity industries and allow them open access to media and public spaces. The DOJ job would give him the opportunity to favor the pornographers over the people in a major way. It would allow him to open up the airways to obscenity and pornography and remove the last protections for our children.

In his confirmation hearings, Mr. Ogden dismissed his actions during his entire legal career as nothing more than his immaturity. Such a cavalier dismissal of the body of work that brought him the nomination is more than disingenuous, it is misleading and dangerous. The Obama administration has already overturned the Mexico City Policy so that the United States now sends funds to support organizations that promote prostitution and abortion around the world. Are we now looking at a future where the United States will also fund the international production and distribution of pornography?