At 10 a.m. Monday morning, President Obama announced U.S. Solicitor General Elena Kagan, who favors legalized and taxpayer-funded abortion, as his nominee to replace retiring Justice John Paul Stevens as “impartial guardian of the law” on the nation’s highest court.
Marjorie Dannenfelser of the Susan B. Anthony List, however, stated after the nomination that “Ms. Kagan’s publicly demonstrated prejudices do not lend themselves well to blind justice.”
Kagan, a graduate and former dean of Harvard Law school, worked beneath the Clinton administration as associate White House counsel and is currently the U.S. solicitor general. Unlike every other member of the Supreme Court, she has never served as a judge.
Kagan is a supporter of taxpayer-funded abortion and has criticized Rust v. Sullivan, a case which upheld federal regulation that prohibited federal Title X funds from being used for abortion.
Dr. Charmaine Yoest of Americans United for Life said that Kagan “has strong ties to abortion-advocacy organizations and expressed admiration for activist judges who have worked to advance social policy rather than to impartially interpret the law.”
Kagan is also well known for supporting “LGBT rights” by opposing the presence of military recruiters on Harvard law school’s campus. She judged that the military’s “Don’t Ask, Don’t Tell” (DADT) policy regarding individuals with same-sex attraction to violate Harvard rules regarding discriminatory organizations.
She called the DADT policy “profoundly wrong” and a “moral outrage” of the “first order,” according to NPR.
Kagan was among the finalists Obama considered for the Supreme Court seat now occupied by Sonia Sotomayor, appointed last year to replace Justice David Souter.
Many consider Kagan likely to be confirmed with relative ease. Several Republicans voted for Kagan after she was nominated for the position of solicitor general of the United States.
However, strong rumors point to Kagan being a more controversial pick than has been acknowledged so far: Ben Domenech, writing in a blog for CBS news, declared last month that Kagan could be the first “openly gay justice” on the U.S. Supreme Court.
After the White House reacted strongly to this assertion and said that Kagan was heterosexual, CBS pulled the post and Domenech apologized for the “Harvard rumor,” stating that “Kagan is apparently still closeted.”
An Epinions article written in 2006 praises her as a “high-energy dean” and “a lesbian professor who has revitalized the community.”
Peter LaBarbera of Americans For Truth About Homosexuality (AFTAH) said that, “given the important homosexual-related issues coming before the Supreme Court, Kagan should say … if she has a personal interest in lesbianism.”
He continued: “Homosexuals’ privacy interests simply do not outweigh the public’s right to know about potential conflicts-of-interest in the lives of their judges and lawmakers.”