Kagan "Not Sympathetic" Towards Rights of the People

Today over at the Heritage Foundation Blog, The Foundry, Brian Darling begins exploring SCOTUS Nominee Elena Kagan’s rather poor record on 2nd Amendment rights.


The issues arise from statements made by Kagan while she was a law clerk for Thurgood Marshall

Kagan, whom President Barack Obama nominated to the high court this week, made the comment to Justice Thurgood Marshall, urging him in a one-paragraph memo to vote against hearing the District of Columbia man’s appeal. The man’s “sole contention is that the District of Columbia’s firearms statutes violate his constitutional right to ‘keep and bear arms,’” Kagan wrote. “I’m not sympathetic.

With regard to the D.C. vs. Heller case, Kagan has since said …

There is no question, after Heller, that the Second Amendment guarantees individuals the right to keep and bear arms and that this right, like others in the Constitution, provides strong although not unlimited protection against governmental regulation,

Which leads in well to her involvement in helping facilitate the gun control agenda of the Clinton administration

According to records at the William J. Clinton Presidential Library in Little Rock, Ark., she also drafted an executive order restricting the importation of certain semiautomatic assault rifles. She also helped prepare a question-and-answer document advocating the campaign-reform legislation then proposed by Sens. Russ Feingold and John McCain.


Dear Lord, that is a Constitutional double whammy, but I digress.

I think a majority of 2nd Amendment supporters, when evaluating a potential SCOTUS candiate with a record such as Ms. Kagan’s, would agree with the words Brian wrote here

In the wake of the District of Columbia v. Heller decision holding that the 2nd Amendment is an individual right, it is incumbent upon Senators to explore the views of Solicitor General Elena Kagan on American’s civil right to own a firearm.

Make sure your Senators know these reservations exits. Demand, politely, that they take it upon themselves to fully vet candidates presented before them for this life long post.

Aaron B. Gardner


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