After watching Bart Stupak cave in on the pro-abortion health care bill, and then announce his resignation a few weeks later, no American is likely to be fooled by the misleading rhetoric of the abortion lobby. Students for Life and its president, Kristan Hawkins, have already posted a petition at iopposekagan.com to oppose confirmation of Kagan.
Charmaine Yoest, president of Americans United for Life, notes that "Elena Kagan has strong ties to abortion-advocacy organizations and expressed admiration for activist judges who have worked to advance social policy rather than to impartially interpret the law." Obama claimed he would not use a litmus test to pick a justice who supports abortion, but he has done precisely that.
Senators should demand to see the documents written and emails sent by Kagan while she was promoting the liberal agenda from within the Clinton administration during the 1990s. Full disclosure is proper before giving someone a position that could last 10 times longer than a president's term.
Testimony is also necessary about how Kagan excluded military recruiters from Harvard Law School, where she was appointed dean despite having published almost nothing scholarly. Kagan even joined a brief submitted to the Supreme Court that attempted to obtain a constitutional right for schools to exclude military recruiters.
In Rumsfeld v. FAIR, the Supreme Court rejected her argument by a stunning 8-0 vote, demonstrating how out-of-touch is her judicial philosophy. But Harvard University continues to ban ROTC to this day.
In Kagan's prior hearing before the Judiciary Committee, she declared her support for using foreign law to interpret the U.S. Constitution. That is unacceptable for any U.S. judge -- no foreign law should be allowed to change our Constitution.
As Obama's solicitor general, Kagan's first argument before the Court, in Citizens United v. FEC, was pathetic. Objective observers panned her performance, and the Court rejected her arguments.
In a more recent appearance, she muddled the case and began asking questions of the justices. Chief Justice Roberts had to correct her, saying, "Usually, we have the questions the other way."
We hope Republican senators will conduct a thorough interrogation of Kagan and not give her the kid-glove treatment they regrettably gave Justice Ruth Bader Ginsburg. Too much is at stake.
Phyllis Schlafly is a national leader of the pro-family movement, a nationally syndicated columnist and author of Feminist Fantasies.
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