Kagan's Red Flags

Kagan's Red Flags

Senators will vote soon on whether to confirm Elena Kagan to the Supreme Court. Her record is unusually slim for a Supreme Court nominee, and her confirmation hearings revealed little more about her approach to the law.
Yet there are red flags in her record. Kagan has demonstrated a disregard for those laws and constitutional rights she disagrees with, from the Solomon Amendment to the right to keep and bear arms.
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Elena Kagan and Foreign Law

What does Elena Kagan think about America’s role in the world?  Recent Supreme Court decisions seem to embrace a new role for international institutions and foreign opinion in shaping American law.  Kagan's record cries out for questioning about her opinions on these great constitutional issues. Senators should not pass up the opportunity to press for clear and direct responses to fundamental questions about her judicial philosophy. Here are particularly compelling reasons to raise these questions with Elena Kagan. Click here to view this article.

Heritage Scholar Robert Alt Testifies during Kagan Hearing

Senior Legal Fellow, Robert Alt, testified before the Senate Judiciary Committee during Elena Kagan's hearing. He discussed how the liberal media and Senators, among others, have attempted to vilify the Roberts Court as "pro-corporatist" and activist. Mr. Alt showed that those who try to slander the "rightward leaning" Court have misrepresented the facts of "activist" cases such as Citizens United v. FEC and Ledbetter v. Goodyear Tire & Rubber Co. and have conveniently forgotten to mention the left leaning members' participation in many others. To read Robert's full testimony, click here.

What is Judicial Activism?

Judicial activism occurs when judges write subjective policy preferences into the law rather than apply the law impartially according to its original meaning.

There are nine types of Judicial Activism:

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