Judicial Experts: Elena Kagan Has Little Experience, Backs Using Foreign Law
by Steven Ertelt
May 10, 2010
Washington, DC (LifeNews.com) — The initial insight from leading conservative judicial experts is that pro-abortion Supreme Court nominee Elena Kagan has little experience. They also say she has promoted the use of foreign law in court decisions, which could further entrench the Roe v. Wade decision that allowed virtually unlimited abortions.
Ed Whelen writes at National Review that Kagan has no judicial experience herself yet, in a law-review article on the Supreme Court confirmation process she wrote in 1995, said such experience is necessary.
"It is an embarrassment that the President and Senate do not always insist, as a threshold requirement, that a nominees previous accomplishments evidence an ability not merely to handle but to master the craft aspects of being a judge," Kagan wrote at the time.
Whelen says Kagan would seem to flunk the threshold test that she set forth for Supreme Court nominees.
"In particular, she seemed to put a much higher premium on the valueindeed, the apparent necessity — of previous judicial experience than those who now promote her candidacy," he says. "I see nothing in her record that indicates that she has "master[ed] the craft aspects of being a judge.’
"Among Supreme Court nominees over the last 50 years, Kagan may well be the nominee with the least amount of relevant experience," Whelen said.
David McIntosh, co-founder of the Federalist Society and former congressman from Indiana, also highlighted her lack of experience.
"Solicitor General Kagan has been nominated with no judicial experience, a mere two years of private law practice, and only a year as Solicitor General of the United States. She is one of the most inexperienced nominees to the U.S. Supreme Court in recent memory," he said.
Carrie Severino, Chief Counsel of the Judicial Crisis Network and a former clerk to Justice Clarence Thomas, also responded to the nomination.
"Obama wants to pack the court with reliable liberal votes to rubber-stamp an agenda that he knows the American people would not accept. What better way than to appoint a loyalist from his own Department of Justice with a thin public record to advance his leftist legacy through the Court," she said.
And conservative writer Ed Morrissey jumped in as well.
"She has no experience as a judge, and little as a private-sector attorney, either. Kagan has spent most of her career as an academic, spending six years as Dean of the Harvard Law School giving the court yet another Harvard connection when people have been questioning Harvard and Yale exclusivity on the Supreme Court," he said.
"the past fifteen months, Kagan has served as Solicitor General, the Obama administrations representative to the Supreme Court, but that experience seems rather thin as well. One might have expected someone who hadnt served as a judge to spend at least several years arguing cases before the Court prior to getting appointed to it," the Hot Air writer added.
Wendy Wright, the president of Concerned Women for America, says another problem concenring Kagan is that she may be sympathetic to the views of internationalists, those who would impose international norms on Americans, including an unlimited abortion right.
"Abortion groups are actively attempting to create the impression that international norms require countries to provide access to abortion. During Kagans nomination hearing for Solicitor General, Senator Specter questioned her about the use of foreign sources of law in constitutional decision-making," Wright said.
Kagan said before: "At least some members of the Court find foreign law relevant in at least some contexts. When this is the case, I think the Solicitor General’s office should offer reasonable foreign law arguments to attract these Justices’ support for the positions that the office is taking."
But Wright responded to LifeNews.com: "A Supreme Court justice needs to be absolutely committed to the Constitution, proficient in their knowledge and ability to make rock-solid arguments on the basis of the Constitution and federal laws. If Elena Kagan needs to rely on foreign sources, it is an admission that her arguments are weak or she is incapable of handling the requirements of the office."
Sign Up for Free Pro-Life News From LifeNews.com
Daily Pro-Life News Report Twice-Weekly Pro-Life
News Report Receive a free daily email report from LifeNews.com with the latest pro-life news stories on abortion, euthanasia and stem cell research. Sign up here. Receive a free twice-weekly email report with the latest pro-life news headlines on abortion, euthanasia and stem cell research. Sign up here.