I’m not sure what our plan is when it comes to how extensively to cover the Elena Kagan confirmation hearings — we are, after all, a Canadian publication, but with a largish American online readership. For now, read Ed Whelan’s pair of posts (here and here) at Bench Memos on Kagan and her position on SSM and her apparent attempt to hide her true beliefs. If there is just one takeaway from the Kagan hearings it will be this: she is either a radical left on social issues and will admit or she is a radical leftist on social issues and will continue to try to hide it.
Americans United for Life has extensive coverage of Kagan’s pro-abortion positions at their website, including an AUL memo which raises this important question: ” Will Kagan impose a “governmental motive test” to invalidate state and federal abortion regulations?” The AUL legal team concludes their memo:
Kagan’s affinity for the search for the highly subjective legislative “motive” is disconcerting. Along with her disdain for the much more objective, disciplined and broadly accepted inquiry into “legislative intent” it exalts judicial freedom in “interpreting” laws enacted by the representative branches. As such, it is another indication of Elena Kagan’s deep admiration for judicial activism and for judges who have an exaggerated view of their role in transforming society. Would she bring those views to her service on the Supreme Court and to its abortion jurisprudence?
All this matters a lot considering that Kagan is only 50 years old and she has been nominated to a lifetime appointment to the top court in the country. She could have several decades to influence jurisprudence affecting social issues such as abortion and marriage, not to mention euthanasia, cloning, homosexual rights, freedom of speech and religion, etc …
