“When the Senate ceases to engage nominees in meaningful discussion of legal issues, the confirmation process takes on an air of vacuity and farce, and the Senate becomes incapable of either properly evaluating nominees or appropriately educating the public.” Elena Kagan, 1995.
Elena Kagan was correct, judicial nominees, their record, and their judicial philosophy should be thoroughly scrutinized before the Senate awards them a lifetime appointment to the bench. Despite her public statements that nominees should be rigorously vetted, she has been uniquely circumspect about her own views and judicial philosophy. What little we know of Ms. Kagan’s positions raises serious questions regarding her fitness for service on the Supreme Court.

Ms. Kagan, an accomplished academic, has revealed little of her own judicial philosophy. Given the important and complex issues that routinely come before the Court this may not be overlooked. She has served as Dean of the Harvard Law School and has served both Presidents Clinton and Obama. While a distinguished academic, her experience is not necessarily relevant to the serious position for which she has been nominated.
Whether in her academic or political career Ms. Kagan has closely guarded her personal ideology. What little she has revealed should not sit well with the American public.
Ms. Kagan clerked for Justice Thurgood Marshall. In her academic writings she has embraced the statements of Justice Marshall who argued “the Constitution, as originally drafted and conceived, was ‘defective.’”
While Dean of Harvard Law School Kagan banned military recruiters from using the law school’s career services office. She objected to the military’s prohibition on openly gay and lesbian individuals serving in the military. Kagan revealed how strongly she held this belief – she stated that the military recruitment policy caused her “deep distress” and that she believed it to be “a profound wrong — a moral injustice of the first order. And it is a wrong that tears at the fabric of our own community.”
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