Kagan Sails Through Senate Judiciary Hearings

-- -- Contact your Senators before the full Senate votes

-- -- Contact your Senators before the full Senate votes

Tuesday, July 20, 2010


The Senate Judiciary Committee recently voted to send the nomination of Elena Kagan to the full Senate floor.  

The 13-6 vote was not a surprise.  Democrats outnumber Republicans 12-7 on the committee, and their ranks include the anti-gun extreme wing of their party, such as Charles Schumer, Dianne Feinstein and Dick Durbin.

Six Republicans opposed Kagan, with only turncoat Lindsey Graham of South Carolina voting to confirm the anti-gunner.  

As this important battle moves to the Senate floor, it is important to keep the heat on all Senators -- especially Democrats coming from rural states who claim to support the Second Amendment.  

If a handful of these Senators vote NO on Kagan, her confirmation could be defeated.


While Kagan does not have a record of judicial opinions, her views on the Second Amendment are no mystery.  Some things that have come to light since her nomination include:  

*
While serving in the Clinton administration, Kagan drafted an executive order to ban certain semi-automatic firearms;

*
As a law clerk, she advised against the Supreme Court considering Sandidge v. United States in a case that questioned the constitutionality of the D.C. gun ban, writing that she was "not sympathetic" to the gun owner's Second Amendment claims; and

* Kagan was also part of the Clinton team that pushed the firearms industry to include gun locks with all gun purchases and was in the Clinton administration when the President pushed legislation that would close down gun shows.

During her hearings, Kagan ducked and dodged questions about the Second Amendment, and she refused to declare whether she believes the Second Amendment protects an individual right.

Kagan insisted that the Supreme Court decisions in Heller and McDonald are precedent and "settled law," but this in no way precludes her from ruling that almost any gun law -- including gun owner registration, purchasing limits, waiting periods, private sale background checks, and more -- are consistent with the Constitution.

Recall the confirmation hearings of Sonia Sotomayor, the newest Supreme Court Justice.  Sotomayor assured the Senate, and the American people, that she accepted the Court's ruling in Heller that the Second Amendment protects an individual right.

Yet, in the McDonald case, Sotomayor joined the dissent in writing that "I can find nothing in the Second Amendment's text, history, or underlying rationale that could warrant characterizing it as 'fundamental' insofar as it seeks to protect the keeping and bearing of arms for private self-defense purposes."

Now Kagan has made the same promises to the Senate, but the available evidence portrays her as a forceful advocate of restrictive gun laws and driven by political considerations rather than the rule of law.  

As GOA attorney William J. Olson, who testified at the hearings, noted: "If [Kagan] were to go on the Court, with what we know about her now, she could be the most anti-gun justice on that Court."

There is NO WAY any Senator who claims to support the Second Amendment could vote to confirm anti-gun radical Elena Kagan to the Supreme Court of the United States!

ACTION:  Please urge your two Senators to oppose the confirmation of Elena Kagan to the Supreme Court.  You can use the Gun Owners Legislative Action Center to send your Senators the pre-written e-mail message below.

----- Pre-written letter -----

Dear Senator:

I stand with Gun Owners of America in opposing the confirmation of Elena Kagan to the U.S. Supreme Court.

While Kagan does not have a record of judicial opinions, her views on the Second Amendment are no mystery.  Some things that have come to light since her nomination include:  

* While serving in the Clinton administration, Kagan drafted an executive order to ban certain semi-automatic firearms;

* As a law clerk, she advised against the Supreme Court considering Sandidge v. United States in a case that questioned the constitutionality of the D.C. gun ban, writing that she was "not sympathetic" to the gun owner's Second Amendment claims; and

* Kagan was also part of the Clinton team that pushed the firearms industry to include gun locks with all gun purchases and was in the Clinton administration when the President pushed legislation that would close down gun shows.

During her hearings, Kagan ducked and dodged questions about the Second Amendment, and she refused to declare whether she believes the Second Amendment protects an individual right.

Kagan insisted that the Supreme Court decisions in Heller and McDonald are precedent and "settled law," but this in no way precludes her from ruling that almost any gun law -- including gun owner registration, purchasing limits, waiting periods, private sale background checks, and more -- are consistent with the Constitution.

There is NO WAY any Senator who claims to support the Second Amendment could vote to confirm anti-gun radical Elena Kagan to the Supreme Court of the United States!

Please vote NO on the nominee's confirmation.

Sincerely,