Is Supreme Court Nominee Elena Kagan A Closet Neocon?

Could Elena Kagan Be A Closet Neocon?
i watched the majority of the Senate Judiciary Committee hearings on Supreme Court Nominee Elena Kagan. At first i had the impression that she would be an open-minded jurist. Perhaps she still will be. There were parts of the hearing that were, of course, laughable, i.e.: Senator Charles Grassly having his first round of questioning on a paper she had written before she ever went to law school. She gave the impression the she was merely doing the best job she could for whomever she was working. Going into the hearings, having read some of her papers i thought she would be pro-privacy and was concerned about her views with respect Habeas Corpus. Did i hear right that she supports the Defense Of Marriage Act (D.O.M.A.)? i hope not. What REALLY CONCERNED ME GREATLY was that she said that as a Supreme Court Justice, she wouldn’t take into account “natural law” or the part of the Declaration of Independence that says that our inalienable rights, among others, include life, liberty, and the pursuit of happiness. Supreme Court Justice John Paul Steven recognized the correlation between the liberty clauses of the Fifth and Fourteenth Amendments and the liberty clause in the Declaration of independence. I was ABSOLUTELY AGHAST when Elena Kagan said that there had to be a textual basis for rights. This TREATS THE NINTH AMENDMENT LIKE IT NEVER EXISTED. Without the promise of the Ninth Amendment the Constitution never would have been ratified. The fear was that if rights weren’t listed they would be gone. The Ninth Amendment states that: “The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.” In other words people’s rights aren’t limited to those that are listed (i.e.: The pursuit of happiness). The view Elena Kagan espoused of a textual basis being required would give State and Local governments the ability to take away every conceivable right which wasn’t spelled out in text with impunity . To me, that is not being a Progressive. That is being a Neocon. The ONLY positives i saw were that she believed in equal rights for women, and that she would think about things with an open mind before deciding them. Joe Biden would have pressed her about natural law and the Ninth Amendment had he been on the Judiciary Committee. No, Elena Kagan is not a “liberal”. She will probably get confirmed. Will we ever get our Bill of Rights back? Will i live long enough to see it?


One Response to “Is Supreme Court Nominee Elena Kagan A Closet Neocon?”

  1. Panty Buns Says:

    i really do hope i’m mistaken about all of this but it seems to me that Supreme Court Nominee Elena Kagan has strong pro-prosecutorial and pro-government biases. The Supreme Court is SUPPOSED to defend the Constitution and it’s Amendments. The Bill of Rights. Remember that quaint little oath about protecting, preserving, and defending the Constitution? What a shame that the oath is not foremost in the minds of those who are supposed to take it.