Solicitor General Elena Kagan is a poor choice for a Supreme Court justice candidate, but useful for the Obama Nation administration – she can be criticized for judicial decisions because she has never made any and her views of congressional hearings that confirm nomination was written in a 1995 article where she described confirmation hearings as vapid and hollow charade, as well as criticized senators for not insisting that any nominee reveal what kind of justice she would make, by disclosing her views on important legal issues. [I]
Issues being raised about the Kagan appointment are:
- Opposition to on-campus military recruitment.
- Has not defended federal law concerning Defense of Marriage Act and the don’t ask, don’t tell military homosexual policy.
- Inexperienced, too young, and more of an advocate rather than an impartial judicial individual; never making a ruling because she has never sat in a court as a judge. With all of the qualified judges that could have been nominated; many are suspicious of President Obama’s reason for Kagan’s nomination – and rightly so.
- Kagan has written that a judge should safeguard the interests of people who had no other champion. That is not the job of either judge or justice; but to follow the rule of constitutional law; not as an interpreter of a living constitution or comparison of international and foreign laws as a guideline in making decisions as a justice of the United States Supreme Court. [II]
President Obama as a senator voted against confirming Chief Justice John Roberts and Justice Samuel Alito. One wonders why because Senator Obama stated: There is absolutely no doubt in my mind Judge Roberts is qualified to sit on the highest court in the land. So why did he vote against him? It is because he was playing politics and joining the Democratic position against nominees; characterizing anyone opposing as obstructionists when it comes to voting against Elena Kagan. As he does with any of his policies and proposed legislations; he is pushing for a swift nomination in order to speed up his agenda to counter constitutional law and set in place the power of the progressive socialists he represents, as well as the political pliability of candidate Kagan.