ABC News reports that "Nebraska Democrat Ben Nelson announced late Friday he would vote against the confirmation of Supreme Court nominee Elena Kagan... Nebraska Democrat Ben Nelson announced late Friday he would vote against the confirmation of Supreme Court nominee Elena Kagan."
In a statement released this evening, Sen. Nelson said, "I have heard concerns from Nebraskans regarding Ms. Kagan, and her lack of a judicial record makes it difficult for me to discount the concerns raised by Nebraskans, or to reach a level of comfort that these concerns are unfounded. Therefore, I will not vote to confirm Ms. Kagan’s nomination."
In all honesty, this is the least of concerns regarding Elena Kagan. Republican appointees such as William Rehnquist also lacked a judicial record before the Supreme Court. The real problem is her judicial philosophy which makes a mockery of the constitution and abuses the judicial role. The problem is the radical actions she has taken while Dean at Harvard Law School to block military recruiters from partaking in the normal recruiting opportunities at the law school. She even challenged the Solomon Amendment passed by Congress which called for federal funds to be removed from educational institutions such as Harvard that refuse to allow full access to military recruiters. In her challenge to the Solomon Amendment, a unanimous Supreme Court rejected the arguments put forward by the likes of Elena Kagan. That means that her legal arguments were too outlandish for even Ruth Bader Ginsburg. It is this sort of record coupled with her judicial philosophy that should lead all Senators to vote against Elena Kagan. Tweet
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