Elena Kagan Confirmation: Justice Hopeful Would Step Aside in 11 Cases

Elena Kagan is awaiting her Senate confirmation to become a Supreme Court justice. Kagan is the US Solicitor General, and is the former dean of Harvard Law. She would become the first to sit on the bench that has no previous experience as a judge, which is one of the things that bothers many of her opponents.

The most controversial thing in Kagan's past was when she removed military recruiters from Harvard Law's career center because she did not agree with their controversial "don't ask, don't tell" policy.

In addition, as the US Solicitor General, she's worked on at least 11 cases that are set to be heard by the high court. Because of this, she would step aside from the case because she is too close to it. As a judge, her bias may have become clouded by her work on the case - and that wouldn't make for a very fair trial.

At first, there was no Republican support of Kagan. Now, at least two Senators have pledged approval of the justice hopeful. Senator Lindsey Graham and Senator Richard Lugar are two GOP members that will support her nomination.

Key questions are this: will she be able to keep a clear mind, free of an agenda? Does she have enough experience to serve on the high court?

Reference: NY Times; USA Today

Elena Kagan Supreme Court Nominee, Opposed by Shelby

Elena Kagan, Obama's Supreme Court Nominee is going to face some opposition. There's hardly ever any event such as the appointment of a Justice that won't be met with at least some opposition. Senator Richard Shelby is going to join a majority of other Republican Senators to try to block the confirmation of the current US Solicitor General.

Kagan is mostly criticized for her decision as Harvard Law Dean to relocate Military recruiters away from the school's career center because she opposed the military's "don't ask, don't tell" policy.

There are also fears that Kagan will allow her political views to influence her rulings. As a Supreme Court judge, it's important to stay completely neutral and make your ruling based on interpretation of the law. It's not the job of the Supreme Court to make law - it's their job to enforce it.

There are also fears that Kagan doesn't believe in the fundamental right to bear arms. Considering that recent Supreme Court ruling which deemed the long-time Chicago ban on handguns unconstitutional has been made, many can't help but wonder how that ruling would have differed had Kagan been on the bench.

Kagan also has been viewed as not ready for such a post, as she doesn't have any bench experience. She does have extensive experience as an attorney and as the Dean of Harvard Law.

There are few people who doubt that Kagan will eventually be confirmed. However, just as with a lot of other measures that require Senate approval Kagan's confirmation will be met with at least some opposition, and that's only to be expected.

Reference: Al.com

Supreme Court, Gun Control and the Second Amendment

The Supreme court's recent gun control "second amendment" ruling is gaining a lot of press, and with good reason.  The Supreme Court upheld that state and local governments must protect the Second Amendment rights of Americans.  For those who need a crash course on the Bill of Rights, the Second Amendment is the right to bear arms.

President Obama has been very vocal about his wishes to tighten gun control.  There's been much discussion over how he might go about doing so, and many estimate that he would do this through banning certain types ammunition.  Obama's agenda would be easier to accomplish if there was some precedent on the books indicating a strong arm on what is protected by the second amendment.

In Chicago, there has been a handgun ban for the last 28 years.  This week the Supreme Court ruled in favor of plaintiffs who sued the city because they believe that they have a right to have a handgun for protection.  The ruling was 5-4 in favor of the plaintiffs, and the Court sent the suit back to a lower court for a final ruling.

The recent event will likely lead to more lawsuits, especially from jurisdictions that ban certain types of weapons.  If the right to bear arms includes hand guns, it will likely include a variety of types of weapons - assault rifles and other guns included.

The ruling also came on the first day of the Elena Kagan confirmation hearings.  It was the last day that Chief Justice Roberts was on the bench.  This is very significant.  If Elena had been on the bench, the final ruling could have easily been 5-4 in favor of the defendant, or the City of Chicago - in which case the road to tighter gun control would have been paved.

Elena Kagan Supreme Court Confirmation Hearings 2010

Elena Kagan has been appointed to the Supreme Court, and her confirmation hearings are taking place during this fourth of July week.  The hearings will bring in information on Elena Kagan's personal life, among other things.  Kagan is different from the other justices.  She is the US Solicitor General, and is not coming to the Supreme Court from the appellate court system.

Kagan will be Obama's second Supreme Court appointee.  His first was Judge Sotomayor, the nation's first Hispanic Supreme Court Justice.  At first, Kagan seemed like a match made in heaven for the Supreme Court, but now it appears as if there are some worries about her liberal agenda and how that could affect her rulings.

Kagan has no experience on the bench, and if things turn ugly during the hearings Senate Minority Leader Mitch McConnell doesn't rule out a filibuster.

We all know how those pesky Senate filibusters go, as one totally stalemated the passage of the unemployment extension.

Approximately 42% of Americans have no opinion on whether or not Kagan should be elected to the Supreme Court.  She doesn't have any previous rulings to go by for individuals to tell what types of rulings she will make.  Most of her career is in politics - so there's uncertainty if she will be able to rule without bias.

Her confirmation hearing comes on the day that the Supreme Court ruled that the Second Amendment right includes the right to own handguns, which means that a handgun ban in Chicago is unconstitutional.  The ban has been in place for decades.

Although many are unsure of Elena Kagan, chances are she will be confirmed.  If not, many are wondering who else Obama may appoint to the post.