Thoughts on Elena Kagan

Currently, I am not quite sure what to make of Obama's nominee to the Supreme Court. In The Dallas Morning News today, there was an article about Kagan's stance on various political issues, ranging from abortion to the death penalty. Kagan believes that the existing precedence concerning abortion, Roe v. Wade, should be protected. She does, however, support a ban on late-term abortions. Kagan believes that the 2nd Amendment protects an individual's right to keep and bear arms. While judicial activists often "legislate from the bench", Kagan declares that a Justice should separate his or her personal beliefs from his or her interpretation of the Constitution. I have not yet learned exactly how Kagan interprets the Constitution. I am curious to find out how she perceives the document, whether she literally or loosely reads the words.

I have not yet read anything concerning Kagan's fiscal beliefs, but I do know that socially conservative groups have targeted Kagan and her position on the Don't Ask Don't Tell policy in the military. The Supreme Court unanimously agreed that Kagan's decision to ban military recruiters from the Harvard campus was unconstitutional. Because she herself disagrees with the DADT policy, Kagan did not allow military recruiters to visit Harvard. Conservative student groups protested this decision. Kagan's view on this issue concerns me, as she allowed her personal opinions to influence her position as a decision-maker. I am skeptical about Kagan's opposition to judicial activism. We can only hope that her confirmation does not dramatically shift the Court to the left. I am not extremely worried about her effect on the Court because John Paul Stevens became more liberal with each year he spent as a Justice.

I am pretty confident that Republicans in the Senate will not do anything excessive to block Kagan's confirmation. We shall soon find out...