John McClain: Questioning Kagan’s credentials |

John McClain: Questioning Kagan’s credentials

Is Elena Kagan qualified to be on the U.S. Supreme Court? She helped shield Saudi Arabia from lawsuits filed by families of 9/11 victims seeking to target countries and leaders who helped finance al-Qaeda.

She argued that the federal government has the power to ban books it deems to be “political electioneering.”

In a 1996 paper, “Private Speech, Public Purpose: The Role of Governmental Motive in First Amendment Doctrine,” Kagan argued it may be proper to suppress speech because it is offensive to society or to the government.

Kagan’s listed herself as a member in the National Partnership for Women and Families, which seeks “to give every woman access to … abortion services.”

In 1991 she criticized a Supreme Court decision allowing a ban on the use of federal money for abortion, terming the ban “government hostility toward some ideas.”

In February 2008, Kagan, as dean of Harvard Law School, announced the arrival at Harvard of Cass Sunstein, then a University of Chicago scholar. (Sunstein, who’s argued for federal banning of “conspiracy theories,” cited as a primary example of “absurd” and “hateful” remarks reports by “right-wing websites” alleging an association between President Obama and former Weather Underground terrorist William Ayers.)

Writing in the spring 1996 edition of the University of Chicago Law Review, Kagan argued that while the government may enact a general ban on fires in public places, it cannot enact legislation to ban flag-burning protests specifically.

Kagan also agreed with a 1989 court decision striking down a state law that made it a crime to burn the American flag.

She called “my judicial hero” Aharon Barak, the retired president of the Supreme Court of Israel, who worked tirelessly to subject the Israel Defense Forces to judicial scrutiny on matters of self-defense and ruled numerous times in favor of the Palestinians against the IDF.

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