Here is a letter from Brian Carson of Janesville to Senators Kohl and Feingold regarding Elena Kagen’s nomination to the U.S. Supreme Court.
I listened to Elena Kagan’s opening statement at her confirmation hearing today. I heard a lot of rhetoric from her about family this, and feelings that, and deference to the will of the people. Those are all fine sentiments, but they have very little bearing, in fact, they should have no bearing at all on the operation of the Supreme Court.
I heard no reference by Ms. Kagen to abiding by the Constitution. Isn’t that the job of the Supreme Court, to determine if legislation and/or previously adjudicated decisions adhere to the Constitution ? The Constitution, including the Bill of Rights, is the supreme law of the land until it is properly amended, and it is the only thing that is to be upheld by the Supreme Court, or used by them in their decision making process. All other decision or policy making is to be left to the legislature, the States, or to the people.
Elena Kagan has argued positions that would have outlawed Thomas Paine’s “common Sense”. In 1996, she apparently tied or equated the NRA to the KKK while debating the Clinton administration’s position on a bill. She has argued positions that have been unanimously rejected by the current Supreme Court. She has also made a number of other comments which appear to be very much out of the mainstream.
Free speech appears to be an arbitrary freedom or privilege to her, and not an unalienable right. How many more positions does she hold that will abridge the liberties that we hold dear, the immutable freedoms that the founders wrote the Constitution to protect ?
The decisions handed down by the Supreme Court affect 300 million people. At the age of 50, Elena Kagan could be on the Supreme Court for the next three to four decades if she is confirmed.
The determination of whether she has the right temperament, legal background, character, and experience, to be confirmed by the Senate, is not a determination that should be glossed over or taken lightly.
Do we know whether she believes that a judge’s role is to adhere to the rule of law, and most importantly, to the Constitution ? I don’t believe that we do. If there is any doubt, she should not be confirmed by the Senate.
I certainly have too many doubts about this nominee to confirm her. Please reject Elena Kagan.
-Brian Carson, Janesville WI