Well, here we go again. It’s time for another round of trauma as we prepare for hearings on President Obama’s latest nominee for the Supreme Court. She is current Solicitor General for the U.S. and former dean of the Harvard Law School. Thirty-one Republicans opposed her appointment for Solicitor General, so she is not without controversy regardless of the administration’s attempt to portray her as a legal moderate.
So what are the basics on Elena Kagan? Why can she be opposed on principle?
Let me count the ways.
First, I don’t accept the view that any president should just get whomever he wants on the Court and that as long as the person is “qualified,” he or she deserves the job.
It all depends on the meaning of “qualified.”
On the surface, someone who works as Solicitor General and who was the dean of Harvard’s Law School would seem to be qualified. By whose standards, though? My basis for judgment is different than what most senators will use for their evaluation. Here are the problems from my point of view, in no particular order:
- She has no courtroom experience as a judge. While I’m not absolutely wedded to the position that this is mandatory, it certainly should make one pause, especially when one takes into consideration we’re talking about the highest court in the land.
- She is an ideological clone of Barack Obama. Therefore, she will promote his agenda on the court.
- She is an ideological clone of Barack Obama. Therefore, she doesn’t believe in following the original intent of the Constitution. In her mind, it’s a nuisance that gets in the way of “progress.”
- She is an ideological clone of Barack Obama. Therefore, she is pro-abortion.
- As dean of the Harvard Law School, she worked to keep military recruiters off campus. Her view of the military is Standard Leftist.
- She despises the “don’t ask, don’t tell” policy regarding homosexuals serving in the military, calling it discriminatory.
- One possible reason for her strident views on #5 is that it is an open secret that she is a lesbian. I believe homosexuality is a sin and should not be promoted in society in any way. Placing a lesbian on the Supreme Court sends the wrong signal. I know I am in the minority now with this view, but I must stay faithful to Biblical teaching and give it priority. This is a character issue.
All the factors listed above [and I’m sure more will surface as I have time to read more about her] converge to make her unacceptable as a Supreme Court justice.
Of course I realize that there is about a 99% chance she will be confirmed.
Fortunately, she is only replacing someone who shares her views and not a conservative who believes in original intent. That battle may be in the future, but I pray it will not occur during this current administration.