Liberty Alerts, Liberty Counsel
President Obama has nominated Elena Kagan to replace Justice Stevens on the U.S. Supreme Court. As the Dean of Harvard Law School, Kagan was able to effect major change in the curriculum to redirect its focus toward international law and policy. The case law method focused on cases and moved away from the study of Blackstone and historic legal training up to that point in American history.
While Dean of Harvard, she barred military recruiters on campus because of her opposition to the so-called “Don’t Ask, Don’t Tell” policy – the law banning open homosexuality in the military. She opposed the Solomon Amendment, which denied federal funds to schools that barred military recruiters. Her reading of the Solomon Amendment was clearly wrong and was obviously clouded by her personal views. The U.S. Supreme Court later upheld the Solomon Amendment in an 8-0 ruling.
Kagan has stated that judicial philosophy should be an important part of any confirmation hearing. However, Kagan has never been a judge and has only two years of real world experience in the practice of law. She has written very little, and has not spoken publicly on controversial issues such as abortion.
Kagan’s ability to persuade and her age (50) indicate that she could affect the future direction of the Supreme Court, particularly in the area of transnational law and policy.
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