Last week, the Senate Judiciary Committee approved Elena Kagan for a place on the U.S. Supreme Court. We urge Virginians to contact U.S. Senators Mark Warner and Jim Webb now and urge them to vote "No" on her confirmation. A few days ago, The Family Foundation signed on to a letter written by Americans United for Life that will be sent to senators urging them to conduct a thorough investigation regarding Ms. Kagan prior to voting on her confirmation.
While there are several reservations about her qualifications for the court, it is her judicial philosophy that gives us the most pause. At 50 years old (16 years younger than the average age of the current Supreme Court justices), Ms. Kagan's impact, if confirmed, will last much longer than most justices. Therefore, it is even more critical that her judicial philosophy is properly vetted, her integrity examined, and her commitment to respect the constitution and the laws of our nation determined. Failure to uphold the law is refusing the people their freedom to self-govern.
Ms. Kagan has done precisely that. As Solicitor General, she failed to defend the Defense of Marriage Act in Gill v. Office of Personnel Management (see PointofLaw.com). The Department of Justice, along with Ms. Kagan, stated that it does "not believe that DOMA is rationally related to any legitimate government interests in procreation and child-rearing." Not only is this utter disrespect for the God-given institution of marriage, but also a disowning of the binding laws of our land. Take a guess at how Ms. Kagan would rule on a Supreme Court challenge to DOMA . . . or any other enshrined law of the land for that matter?
Additionally, Ms. Kagan is implicated, despite her recent denial in Senate testimony, in unethical actions while she was an adviser to then-President Bill Clinton, where she manipulated and even rewrote memos from the American College of Obstetricians and Gynecologists. That organization wrote that there was never a defense for partial birth abortion, but she altered ACOG's definition of partial birth abortion in order to nullify the meaning of the memos (see LifeNews.com).
It is markedly clear from her actions as solicitor general on the DOMA issue, her integrity in her relations with ACOG, and her contempt for the military (as Harvard Law School Dean, she banned the Pentagon from recruiting on campus) that Elena Kagan will be an activist justice making law, rather than a justice interpreting the law. This approach, and her leftist agenda, is contrary to how the majority of Virginians view the role of the U.S. Supreme Court. It is about time that our two U.S. Senators live up to their self-labeled titles of "radical centrist" and "moderate," show some independence, and vote with the majority of Virginians and not simply as puppets of Harry Reid.