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?
Why is this shocking? Bush picked 2 hard righties. Did you bitch about it then?
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?
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.
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.
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
More in the middle?
I didn't think she was nominated for the Högsta domstolen (Swedish Supreme Court).
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 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.
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."
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?
Where does it say she can?
j-mac
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?
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.
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 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
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.
The important part is that it doesn't say she can't.
Anything left of hard right can be construed by some Republicans as hard left.
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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