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EXCLUSIVE: Documents Show Kagan's Liberal Opinion on Social Issues

Renae

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Elena Kagan has kept her cards so close to the vest that in the days after President Obama nominated her to the Supreme Court, some on the left worried she was too moderate to replace liberal Justice John Paul Stevens.

But in documents obtained by CBS News, Kagan--while working as a law clerk to the late Justice Thurgood Marshall - made her positions clear on some of the nation's most contentious social issues.

The documents, buried in Marshall's papers in the Library of Congress, show Kagan standing shoulder-to-shoulder with the liberal left, at a time when the Rehnquist Supreme Court was moving to the conservative right.

They also provide a remarkably candid picture of her opinions, including on the most controversial issue Supreme Court nominees ever confront: abortion.

Although Kagan's confirmation has thus far been an all but foregone conclusion, sources say these documents will give Republicans a few cards of their own to mount a strong fight against her.

And they will only heighten demands for more information on her views--including interest in her papers in the Clinton Library. Some of the Clinton Library documents, which cover her time working in that administration, could be released as early as Friday.

EXCLUSIVE: Documents Show Kagan's Liberal Opinion on Social Issues - Crossroads - CBS News

Is anyone shocked O picked a hard leftist, again, for the SCOTUS?
 

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Why is this shocking? Bush picked 2 hard righties. Did you bitch about it then?
 

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Obama is President and with that position comes certain benefits, such as nominating people to fill vacancies on the Supreme Court. So no, I'm not surprised about that and i expect she will be confirmed.

What I do find interesting is that this "transparent" administration failed to disclose her true political leanings, and it took a news organization to ferret out the information. Why not just be upfront about it when she was nominated?
 

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Why is this shocking? Bush picked 2 hard righties. Did you bitch about it then?

It's that they've gone to such lengths to hide what she is from the public. As moon posted, so much for transparency
 

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I read the article and I do not see anything that is hard left. Left sure, but more so in the middle of that spectrum from what I can tell.

Anything left of hard right can be construed by some Republicans as hard left. ;)
 

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I read the article and I do not see anything that is hard left. Left sure, but more so in the middle of that spectrum from what I can tell.

More in the middle?
I didn't think she was nominated for the Högsta domstolen (Swedish Supreme Court).


LINK> White House: Obama may use executive privilege to withhold Kagan documents | Kagan Watch
White House: Obama may use executive privilege to withhold Kagan documents

Open and transparent?
I do declare Obi must have learned a very different version of what these two words mean.

.
 

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It will be a great day when Americans understand that supreme court justices are not politicians, but they decide whether or not rulings, and or laws are constitutional. They may have their personal views, but the constitution is their guide in all of their rulings.
 

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More in the middle?
I didn't think she was nominated for the Högsta domstolen (Swedish Supreme Court).

I am aware of the institution that she is being nominated for. That is irrelevent to what that article shows to be her positions, which seem to land in a pretty middle left category.

If she were hard left, she would be a socialist.
 

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It will be a great day when Americans understand that supreme court justices are not politicians, but they decide whether or not rulings, and or laws are constitutional. They may have their personal views, but the constitution is their guide in all of their rulings.


Yeah, not so much. We have at least one representing the liberal wing right now that feels it is absolutely acceptable to look to Zimbabwe for case law here. So the constitution means little in that light to any liberal that feels this is included in stare decisis.


j-mac
 

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It will be a great day when Americans understand that supreme court justices are not politicians, but they decide whether or not rulings, and or laws are constitutional. They may have their personal views, but the constitution is their guide in all of their rulings.

That would be nice (in bold above), but not true. If it were true we wouldn't have Roe v. Wade.
That is a states matter.

JFK's Supreme Court nominee stated it so:
Justice White was against the landmark decision, Roe vs Wade, which gave women the right to abortion-on-demand. The following are random excerpts which overview his opinion:

"I dissent. I find nothing in the language or history of the Constitution to support the Court's judgment, which fashioned and announced - with scarcely any reason or authority for its action - a new constitutional right for pregnant mothers.

"The Court's position is that the whim or caprice of the putative mother is valued more than the life or potential life of the fetus, and guarantees the right of abortion at her request if she is able to find a medical advisor willing to undertake the procedure - even in pregnancies that pose no danger whatsoever to the life or health of the mother - but are unwanted for any one or more of a variety of reasons -- convenience, family planning, economics, dislike of children, the embarassment of illegitimacy, etc.

"I cannot accept the Court investing mothers and doctors with a constitutional right to exterminate human life.

"This is an exercise of raw judicial power that the Constitution does not extend to this Court. It dissentitles the people and the legislatures to govern their own affairs."

Leftist use the term "Living and breathing" as an end around.

It is why some justices cite foreign law too support their unConstitutional decisions.

.
 
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That would be nice (in bold above), but not true. If it were true we wouldn't have Roe v. Wade.
That is a states matter.

JFK's Supreme Court nominee stated it so:


Leftist use the term "Living and breathing" as an end around.

It is why some justices cite foreign law too support their unConstitutional decisions.

.

Where does it say in the constitution that a woman can't have an abortion?
 

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Where does it say in the constitution that a woman can't have an abortion?


Where does it say she can?

This may help you

10th amendment - The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.


Not by Judicial Fiat.

j-mac
 
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Where does it say she can?

This may help you

10th amendment - The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.


Not by Judicial Fiat.

j-mac

The 9th amendment "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." This leaves the option for the SCOTUS to determine which rights should be protected by the Constitution.
 

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I'm not shocked.

I'm not shocked that a liberal Barack Obama would nominate a staunch liberal justice.

I'm not shocked that the Obama Administration would once again go for hardlined ideology rather than be "post partisan" nor that he'd just go with the trend of always picking someone strongly on your ideological side when he promised "Change from POLITICS AS USUAL" nor surprised that his administration would try to paint her and depict her as moderate when he's promised a transparent government.

I'm not shocked when Barack Obama does what Barack Obama has done throughout his presidency, and politicians have done throughout their existance.
 

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The 9th amendment "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." This leaves the option for the SCOTUS to determine which rights should be protected by the Constitution.

Umm....What?

That makes no sense, considering that the constitution had distinct and specific language on how to add rights to it. The 9th amendment is simply saying that because something is not listed in the constitution at that particular time doesn't necessarily mean that alone can be used as evidence that said thing isn't a right; what it does not mean is that the Supreme Court can magically decide to add new CONSTITUTIONAL rights.
 

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It will be a great day when Americans understand that supreme court justices are not politicians, but they decide whether or not rulings, and or laws are constitutional. They may have their personal views, but the constitution is their guide in all of their rulings.
Excellet point. The supreme court is now a puppet for the right and left to inject their positions in to our counrty for decades after any president is in office. It is like our schools have become launching pads for political persuasion, not enlightenment and intellect.
 

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Yeah, not so much. We have at least one representing the liberal wing right now that feels it is absolutely acceptable to look to Zimbabwe for case law here. So the constitution means little in that light to any liberal that feels this is included in stare decisis.


j-mac

More sour grapes.
 

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It will be a great day when Americans understand that supreme court justices are not politicians, but they decide whether or not rulings, and or laws are constitutional. They may have their personal views, but the constitution is their guide in all of their rulings.

It would be an even better day if it were made clear that the Justces themselves understood this!
 

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Anything left of hard right can be construed by some Republicans as hard left. ;)

Or...

Anything right of hard left can be construed by some Democrats as hard right.

Pot, kettle, etc., etc., etc.
 

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Unalianable rights:
"Life, liberty, and the pursuit of happiness".
Declaration of independence, not the Constitution... but life is a right and life begins at conception.

Was there something you missed with dissent of JFK's justice? Seems so.

.
 
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Excellet point. The supreme court is now a puppet for the right and left to inject their positions in to our counrty for decades after any president is in office. It is like our schools have become launching pads for political persuasion, not enlightenment and intellect.

It has always been this way. In fact there was a very similar fight in Washington's day over one of the first appointments.
 
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