IMPORTANT: Make your willl known to your Senators NOW

It isn’t too late yet (as of Wednesday, Aug 4th) to let your Senators know how you feel on this. Please see my reasons for suggesting why Elena Kagan would be a VERY BAD CHOICE for Supreme Court Justice.




First, it is well known that Ms. Kagan is a legal activist, trying to rewrite case law and interpret previous rulings to drive her own personal agenda. She has publicly said that her interpretation of the Constitution may change from year to year. I find this very disturbing. I feel that the intent of the Constitution is very clear on all fronts, and it is only the people who try to figure out a way to get around what is obviously right and just by finding loopholes that cause any issue. The First Amendment has not changed in the 200+ years since it was written, only the media to which it applies.



Aside from a general feeling that Ms Kagan has willfully mislead or outright lied to the Senate on multiple topics, the one that impacts most on this blog is gun rights. While Kagan does not have a record of judicial opinions, her views on the Second Amendment are no mystery. Some things that have come to light since her nomination include:

• While serving in the Clinton administration, Kagan drafted an executive order to ban certain semi-automatic firearms;
• As a law clerk, she advised against the Supreme Court considering Sandidge v. United States in a case that questioned the constitutionality of the D.C. gun ban, writing that she was "not sympathetic" to the gun owner's Second Amendment claims; and
• Kagan was also part of the Clinton team that pushed the firearms industry to include gun locks with all gun purchases and was in the Clinton administration when the President pushed legislation that would close down gun shows.

During her hearings, Kagan ducked and dodged questions about the Second Amendment, and she refused to declare whether she believes the Second Amendment protects an individual right.



Kagan insisted that the Supreme Court decisions in Heller and McDonald are precedent and "settled law," but this in no way precludes her from ruling that almost any gun law -- including gun owner registration, purchasing limits, waiting periods, private sale background checks, and more -- are consistent with the Constitution.



Recall the confirmation hearings of Sonia Sotomayor, the newest Supreme Court Justice. Sotomayor assured the Senate, and the American people, that she accepted the Court's ruling in Heller that the Second Amendment protects an individual right.



Yet, in the McDonald case, Sotomayor joined the dissent in writing that "I can find nothing in the Second Amendment's text, history, or underlying rationale that could warrant characterizing it as 'fundamental' insofar as it seeks to protect the keeping and bearing of arms for private self-defense purposes."



Now Kagan has made the same promises to the Senate, but the available evidence portrays her as a forceful advocate of restrictive gun laws and driven by political considerations rather than the rule of law.