Elena Kagan Is Obama’s SCOTUS Pick; Now What?
How should the GOP handle her confirmation?


But the nomination debate should be an excellent opportunity for conservatives to articulate their vision of the Constitution — on matters such as limits on federal power, the right of Americans to keep and bear arms, toleration for religious symbols in government speech, property rights, and the like — and explain why the American people should support a movement that would further this conservative vision, rather than the liberal vision of the Obama administration. This might not change the outcome of the nomination vote. But it could help influence the outcome of the vote in November.

Eugene Volokh is a professor of law at UCLA School of Law. He blogs at the Volokh Conspiracy.

Solicitor General Elena Kagan’s record includes an affiliation with hard-line pro-abortion organizations. Kagan has contributed money to a pro-abortion organization, the National Partnership for Women and Families, which lists as one of its major goals to “block attempts to limit reproductive rights.” We all know that this refers to abortion. But, somewhat atypically, they go on to make their agenda explicit, stating that their objectives include: “to give every woman access to . . . abortion services.”

The relationships among the women involved are a predictably interlocking web of abortion activism. The president of the NPWF is Debra Ness, who serves on the board of directors of Emily’s List, the organization devoted to electing pro-abortion women to office. The founder and chairman of the board of Emily’s List, Ellen Malcolm, is also the chair of NPWF’s board of directors.

Significantly, the NPWF website also includes a section on the confirmation of Supreme Court justices. They declare that federal judges should have as a primary concern “whether women will have access to the reproductive care they need.” In AUL’s work with state legislators on laws that defend life, we’ve seen this canard about “abortion access” implemented consistently as hostility to commonsense legislation that the vast majority of Americans support, such as parental notification, informed consent, and bans on partial-birth abortion.

Through her association with this group and articles she has written, Kagan has staked out a clear position of active support for unrestricted abortion. She has also hailed as her “hero” Aharon Barak, one of the world’s leading defenders of judicial activism, who believes that judges “have inherent authority to override statutes.”

If overturning the will of the people, as expressed through elected representatives, is Kagan’s definition of heroism, we now have great need of an entirely different kind of heroism. We have come to a juncture with the Court that will demand uncommon political courage from our representatives to oppose this nomination in defense of the rule of law and our Constitution.

Charmaine Yoest is president and CEO of Americans United for Life.


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