Washington, DC -- On May 10, 2010, Obama nominated Elena Kagan to the Supreme Court to fill the vacancy from the impending retirement of Justice John Paul Stevens at the end of the Supreme Court's 2009–2010 term.
The Senate is now holding hearings for her confirmation.
It could be argued this appointment would be illegal, because the President has yet to tender his true historical documents, nor any copies, relating to his birth.
From 1995 to 1999, Kagan served as President Bill Clinton's Associate White House Counsel and Deputy Assistant to the President for Domestic Policy and Deputy Director of the Domestic Policy Council.
From 2005 through 2008, Kagan was a member of the Research Advisory Council of the Goldman Sachs Global Markets Institute in 2008.
Senator Mitch McConnell, the Minority Leader, of Kentucky testified regarding the Nomination of Elena Kagan for the Supreme Court.
Senator McConnell explains Kagan work in the Clinton Administration shows she would be an activist from the Bench. McConnell charges she in Incapable of objectivity, and warns her work with the Clinton Administration shows her to be a Political Advocate.
Citing the Soft Money Ban in McCain Fiengold, as well as Free TV, McConnell brought out her Partisanship.
Certainly, an unqualified President would appoint an equally unqualified Justice of the Supreme Court. She has never been a Judge, nor even tried a case in Court.
Ms. Kagan assisted in the drafting of McCain Feingold Bill.
During her tenure with the Clinton Administraton, she was not acting as an attorney, but an advisor.
Elena Kagan is the Solicitor General of the United States, which is an administrative, not a leadership, position.
She was appointed Solicitor General by President Barack Obama on January 26, 2009.
In 1996 she wrote an article in the University of Chicago Law Review entitled, "Private Speech, Public Purpose: The Role of Governmental Motive in First Amendment Doctrine." Kagan argued that government has the right, even considering the First Amendment, to restrict free speech, when the government believes the speech is "harmful", as long as the restriction is done with good intentions.
On June 17, 1999, Clinton nominated Kagan to the U.S. Court of Appeals for the District of Columbia Circuit, to replace James L. Buckley, who had taken senior status in 1996. The Senate Judiciary Committee's Republican Chairman Orrin Hatch scheduled no hearing, effectively ending her nomination. When Clinton's term ended, her nomination to the D.C. Circuit Court lapsed, as did the nomination of fellow Clinton nominee Allen Snyder.
In October 2003, Kagan transmitted an e-mail to students and faculty at Harvard Law School deploring that military recruiters had shown up on campus in violation of the school's anti-discrimination policy. It read, "This action causes me deep distress. I abhor the military's discriminatory recruitment policy." She also wrote that it was "a profound wrong — a moral injustice of the first order."
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