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Kagan “Not Sympathetic” Towards Rights of the People

2nd Amendment Edition

By: Aaron Gardner (Diary)  |  May 13th, 2010 at 03:32 PM  | 

RESIZE: AAA

Today over at the Heritage Foundation Blog, The Foundry, Brian Darling begins exploring SCOTUS Nominee Elena Kagan’s rather poor record on 2nd Amendment rights.

The issues arise from statements made by Kagan while she was a law clerk for Thurgood Marshall …

Kagan, whom President Barack Obama nominated to the high court this week, made the comment to Justice Thurgood Marshall, urging him in a one-paragraph memo to vote against hearing the District of Columbia man’s appeal. The man’s “sole contention is that the District of Columbia’s firearms statutes violate his constitutional right to ‘keep and bear arms,’” Kagan wrote. “I’m not sympathetic.

With regard to the D.C. vs. Heller case, Kagan has since said …

There is no question, after Heller, that the Second Amendment guarantees individuals the right to keep and bear arms and that this right, like others in the Constitution, provides strong although not unlimited protection against governmental regulation,

Which leads in well to her involvement in helping facilitate the gun control agenda of the Clinton administration …

According to records at the William J. Clinton Presidential Library in Little Rock, Ark., she also drafted an executive order restricting the importation of certain semiautomatic assault rifles. She also helped prepare a question-and-answer document advocating the campaign-reform legislation then proposed by Sens. Russ Feingold and John McCain.

Dear Lord, that is a Constitutional double whammy, but I digress.

I think a majority of 2nd Amendment supporters, when evaluating a potential SCOTUS candiate with a record such as Ms. Kagan’s, would agree with the words Brian wrote here…

In the wake of the District of Columbia v. Heller decision holding that the 2nd Amendment is an individual right, it is incumbent upon Senators to explore the views of Solicitor General Elena Kagan on American’s civil right to own a firearm.

Make sure your Senators know these reservations exits. Demand, politely, that they take it upon themselves to fully vet candidates presented before them for this life long post.

Aaron B. Gardner

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COMMENTS

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  • Doc Holliday

    on the Judiciary committee that wants to wimp out and not fight this radical leftist!

  • Brian Darling

    Should be front and center in this confirmation. We need to know more about why Kagan feels no empathy for individuals who claim a Second Amendment violation. A judicial philosphy of selective empathy for those you agree with and hostility to those you don’t is not worthy the Supreme Court.

  • http://www.scragged.com petrarch

    OF COURSE Kagan is anti 2nd-Amendment. Did anyone seriously expect an Obama appointee to feel otherwise? Was there ever the slightest change that a Democratic Senate would approve one?

    Elections have consequences… Our job is simply to make sure America’s voters have those consequences made crystal clear, understandable even to the most uninformed.

  • Aaron Gardner
  • larueladue

    Our elected senators need to adequately and forcefully represent us on this nominee, or face being elected out of office.

    Their job is not to educate the American electorate.

    Consequences of Obama’s election doesn’t mean that the Senate should just roll over for Obama on everything. He was elected President, the leader of 1/3 of the government, not King or Emperor…

  • acat

    Backing an anti-firearms judge may matter in a number of otherwise “blue” (or purple) states where there’s a lot of hunters, for example.

    Indiana comes to mind – this was an issue in Coats vs. Stutzman in the recent Republican primary.

    Mew

  • http://www.laborunionreport.combrand/brhttp://www.laborunionreport.blogspot.com LaborUnionReport

    Even though her politics stins, she is not qualified to be on the SCOTUS. A circuit court judge? Perhaps…but SCOTUS?

    Obama is probably floating this woman out there to just put in someone he really wants.

  • The_Rebel

    from the father of our country, George Washington:

    “A free people ought not only to be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own government.”

  • DavidS1787

    n/t

  • mutantone

    Lets see now A avoid socialist that has never been a Judge that worked for Clinton on arms restrictions that reinterprets the laws the constitution guarantees individuals the right in the Constitution, provides strong although not unlimited protection against governmental regulation, so as she sees it the first Amendment can be regulated, and as we have already seen the second Amendment as well can be regulated by the government, Whit her view the protections of of the Citizens from under the remaining Rights is open to Government regulation so out day in court, Due process can be regulated, just where did she learn about the Constitution? This is just another rewriting of the meaning of the Constitution that Obamaommunist seem to want.

  • edintexas

    For those of us old enough to remember working to get Abner Mikva out of Congress, we know all we need to know when told she was associated with Mikva after his appointment as a Judge. Never has there been and Anti more vile than Mikva. Once again the phrase “We are known by the company we keep.” would be well applied here. It was ignored the last time, and the Republicans will probably pass this time.

  • http://www.scragged.com petrarch

    Our Senators should be screaming this from the housetops. And yes, I do consider it to be part of their job to educate the American electorate, as opportunity arises. Otherwise we’re doomed. (Not their job alone, to be sure.)

    But like I said, no modern Dem will ever appoint a pro-2nd-Amendment SC nominee. Unless we have the power simply to stonewall all appointments until January 2013, which I don’t really think we do.

  • acat

    Pro-2nd-Amendment is a serious issue in Indiana, for even the Dem side of the aisle.

    If he weren’t already retiring, this would be a very good point for Coats to push Bayh, and as it stands it’s a good spot for Coats to step away from his past record.

    Mew

  • hidlins

    I agree with you completely… We need to do a thorough “Cleaning of our House & Senate” this year and again in 2012!

  • olddog

    in D.C. are eating the haunches of our Children’s future and Freedoms.
    Boot them all out, who do not protect these rights and insist on spending money, we don’t have, register & VOTE and then get 10 friends to do the same. Sweep out the Bureaucracy’s , they are embedded everywhere, affecting everyday people’s lives
    remove the Progressives.
    SUPPORT OUR TROOPS!

    One Old Dog

  • eastbaylarry

    Just as a burgler might prefer to rob a house he knows has no weapons, the progressives prefer the populus NOT to be able to defend ourselves.

  • Locked and Loaded

    The left would have no problem arguing that it doesn’t have the same application today – or any other lamebrained argument. But I just can’t imagine any Republican congressman that would dare give it a proper and full-throated defense.