The nomination of Elena Kagan to the Surpeme Court

Despite her time in academia she has written precious little from which her judicial philosophy or stands on issues can be deduced.

President Obama seems to be looking for, among other things, a relatively easy confirmation process and someone who can forge an alliance with centrist elements on the Court to forge a centrist force on the Court.

George W. Bush used the so-called ‘war on terror’ as justification to claim nearly unlimited executive power which his administration used to torture people, hold people in detention indefinitely, deprive people of their right to know the charges for which they are held and to conduct unlawful surveillance. President Obama has continued to assert many of these W. policies. Elena Kagan’s record indicates a support for the xpansion of these executive powers.

Majorie Cohn. the immediate past president of the National Lawyers Guild and a professor at Thomas Jefferson School of Law, writes

“Unfortunately, President Barack Obama has continued to assert many of Bush’s executive policies in his “war on terror.” Elena Kagan, Obama’s choice to replace Justice Stevens, has never been a judge. But she has been a loyal foot soldier in Obama’s fight against terrorism and there is little reason to believe that she will not continue to do so.” …

“Obama should have done the right thing, the courageous thing, and filled Justice Stevens’ seat with someone who can fill his shoes. His nomination of Elena Kagan will move the delicately balanced court to the Right. And that is not the right thing.”

Center for Constitutional Rights Executive Director Vincent Warren writes

“I am sad to say that Solicitor General Elena Kagan’s record indicates a troubling support for expanding presidential powers, something we must be vigilant about at this time. President Obama would appear to be seeking to appoint a Supreme Court Judge who will endorse his policies and appease conservatives. This is not the way to make a decision that will affect our nation for decades to come.”

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