In her testimony before the Senate Judiciary Committee today, Solicitor General Elena Kagan, nominated to be an Associate Justice of the United States Supreme Court, did not give satisfactory responses to questions from Ranking Member Jeff Sessions on her record with regard to military issues.
Elaine Donnelly, President of the Center for Military Readiness (CMR), drew attention to Kagan's pattern of anti-military decisions. "In each case in which she has had an opportunity to side with military policy as stipulated in law, General Kagan has chosen the opposite position.
Her record calls into question not only her legal judgment, but her lack of regard for the tradition of judicial deference to the other branches of government-a long-standing principle that is vital to national security."
She added, "During her testimony today Ms. Kagan claimed that she was trying to provide 'full and complete access' for students desiring military careers. On the contrary, her removal of military recruiters from the Office of Career Services was second-class treatment betraying a lack of respect for the military as well as a lack of respect for duly-enacted law. Kagan's "separate but equal" policy for military recruiters was motivated not by principle, but by the desire for federal funds for Harvard University."
In a letter for the record addressed to the Senate Judiciary Committee, CMR expressed concern about official decisions made by Kagan in her capacity as Solicitor General as well as the former Dean of Harvard Law School:
Witt v. Department of the Air Force
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In her current capacity as Solicitor General, Kagan failed to file a petition for Supreme Court review of an unprecedented and burdensome procedural ruling of the U.S. Ninth Circuit Court of Appeals in a case challenging the 1993 law stating that homosexuals are not eligible for military service. (Section 654, Title 10, commonly mislabeled "Don't Ask, Don't Tell")
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This means that the Department of Justice will have to defend the law under unusual rules that the statute does not require. Her irresponsible decision to allow the Ninth Circuit to substitute its judgment for the findings of Congress enacted in current law calls into question her support for the military as well as her respect for a duly-enacted law that she has the duty to defend.
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Even if the Department of Justice prevails in the Witt case, the unfortunate procedural ruling of the Ninth Circuit will remain until it is challenged, inviting more litigation under rules in conflict with those used in other circuits.
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General Kagan's irresponsible failure to ask for review of the rogue procedural ruling on the Ninth Circuit in the Witt case contradicted assurances she had given to Senator Sessions in a letter to Senator Specter dated March 18, 2009.
Military Recruiters and Rumsfeld v. Fair
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Elena Kagan demonstrated flawed logic by joining an amicus brief challenging the Solomon Amendment in Rumsfeld v. Fair. The Supreme Court rejected her position and upheld the constitutionality of that legislation, which protects equal access for military recruiters on college campuses, with a unanimous (8-0) vote.
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The Supreme Court's unanimous rejection of the challenge to Solomon not only repudiated Kagan and her colleagues' amicus brief, but exposed her to be a liberal activist promoting an ideological agenda contrary to federal law.
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Acting as Dean of Harvard Law School while Rumsfeld v. Fair made its way through the courts, Kagan removed military recruiters from the Office of Career Services at Harvard.
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Contrary to Ms. Kagan's excuses for this action, the ruling of the Third Circuit Court of Appeals overturning Solomon was immediately stayed pending Supreme Court review. Moreover, the Harvard campus is not within the Third Circuit's jurisdiction. Dean Kagan's decision to give second-class status to military recruiters, therefore, violated the Solomon Amendment.
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Former Dean Kagan's gratuitous actions toward military recruiters showed disturbing contempt for legal judgments with which she disagreed, as well as misplaced antagonism toward the military due to a law that Congress passed.
Mrs. Donnelly added, "In the two situations described above, General Kagan deliberately acted in opposition to laws protecting the culture and best interests of the American military. In view of these official actions, the Center for Military Readiness opposes confirmation of Elena Kagan to be an Associate Justice of the Supreme Court."
The Center for Military Readiness is an independent public policy organization that specializes in military/social issues. More information on this and related topics is available on the CMR website, www.cmrlink.org.
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written by Texas Frog Soup, June 30, 2010
Unfortunately, asking us regular folks about anything that ol' Lame Stream Media does or don't do is like trying to figure out why a well-trained huntin’ dog just won't come out from under the porch anymore and hunt!
Maybe they all lost their "nose for news", maybe they all just forgot what they was supposed to be doing, you know, like givin’ the rest of us Americans true facts, no-spin information so's we could make up our own minds. After all, ain't that why the Constitution and Bill of Rights give the "freedom of the press" so much consideration? Wasn't they supposed to be the watch-dogs who kept them thieven raccoons and foxes out of the hen house?
Course, I suppose that since most of 'em come from those fancy LIEbral UNIversities who teach our young adults to hate America, and how rotten this country is, and how terrible it is to have to put up with things like the U.S. Constitution and The Bill of Rights, teaches 'em how inconvenient all that Freedom and Liberty is when all's they wanna do is create the perfect socialist guv'MINT for all the rest of us Americans who they figure are too stupid to think for ourselves, it must be quite a burden on their little brains. They must be so busy figurin’ out ways to sink those facist fangs into the necks of their fellow citizens and suck the lifeblood of the American people they just up and forgot their real job! Pretty sad, if you ask me, but then most don’t wanna ask me, because they know what they’d be gittin’ into!
Anyways, here's hoping you are doing well, we need more great ladies like you fighting the good fight instead of, well, whatever these young, confused fillies are busy doing. And thanks for checking in on this web-site! RightSideNews.com is one of my favorite, they always seem to find the best stuff, course there are those who come sniffin around who don't like seein so much bare, nekkid truth in one spot, but this site still has some pretty good guard dogs watchin over their home yard. So I’ll keep coming back here to see what those politicians, lawyers and all the rest of the liars, thieves and crooks in government are up to and give me a heads up to pick up my ol’ Kate and keep a closer eye on my hen house!
Maybe they all lost their "nose for news", maybe they all just forgot what they was supposed to be doing, you know, like givin’ the rest of us Americans true facts, no-spin information so's we could make up our own minds. After all, ain't that why the Constitution and Bill of Rights give the "freedom of the press" so much consideration? Wasn't they supposed to be the watch-dogs who kept them thieven raccoons and foxes out of the hen house?
Course, I suppose that since most of 'em come from those fancy LIEbral UNIversities who teach our young adults to hate America, and how rotten this country is, and how terrible it is to have to put up with things like the U.S. Constitution and The Bill of Rights, teaches 'em how inconvenient all that Freedom and Liberty is when all's they wanna do is create the perfect socialist guv'MINT for all the rest of us Americans who they figure are too stupid to think for ourselves, it must be quite a burden on their little brains. They must be so busy figurin’ out ways to sink those facist fangs into the necks of their fellow citizens and suck the lifeblood of the American people they just up and forgot their real job! Pretty sad, if you ask me, but then most don’t wanna ask me, because they know what they’d be gittin’ into!
Anyways, here's hoping you are doing well, we need more great ladies like you fighting the good fight instead of, well, whatever these young, confused fillies are busy doing. And thanks for checking in on this web-site! RightSideNews.com is one of my favorite, they always seem to find the best stuff, course there are those who come sniffin around who don't like seein so much bare, nekkid truth in one spot, but this site still has some pretty good guard dogs watchin over their home yard. So I’ll keep coming back here to see what those politicians, lawyers and all the rest of the liars, thieves and crooks in government are up to and give me a heads up to pick up my ol’ Kate and keep a closer eye on my hen house!
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written by Elaine Donnelly, June 30, 2010
Hello Texas Frog,
Thanks for the kind words. I think you just put your finger on the problem:
"Unfortunately, asking us regular folks about anything that ol' Lame Stream Media does or don't do is like trying to figure out why a well-trained huntin’ dog just won't come out from under the porch anymore and hunt! Maybe they all lost their "nose for news"..." Could be. I keep wondering--how does a Supreme Court nominee have to be to get a decent chorus of Republicans barking like Jeff Sessions?
Best,
Elaine
Thanks for the kind words. I think you just put your finger on the problem:
"Unfortunately, asking us regular folks about anything that ol' Lame Stream Media does or don't do is like trying to figure out why a well-trained huntin’ dog just won't come out from under the porch anymore and hunt! Maybe they all lost their "nose for news"..." Could be. I keep wondering--how does a Supreme Court nominee have to be to get a decent chorus of Republicans barking like Jeff Sessions?
Best,
Elaine
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written by Texas Frog Soup, June 30, 2010
I'm betting you meant "how BAD does a Supreme Court Nominee have to be". And that is true enough. I was sorely disappointed when that sorry excuse Sotomayer got in. She was pert' near the closest thing to an outright Communist/Socialist (not sure what they call themselves these days) I've ever laid eyes on . . . "wise latino woman" my arse!
I'm no Rhodes Scholar but I know a vermin when I spot one and know enough not to invite it into my parlor to sit down for a drink (just recently really started liking tea!).
Just out of curiosity, is it just me, or did Obama do an "end run" (no pun intended) on the "Don't Ask, Don't Tell" issue? Seems he is out to destroy our military. I believe I remember that McCrystal was opposed to gays serving openly in the military and that Petreaus was obliquely for it (based on his 2009 statements), anyway, it seems that since Obama doesn't want to wait for the study/report that was expected to show that allowing gays to openly serve would be detrimental to the moral, unity, focus of our military as a whole, also there was that letter that was signed by lots of retired generals and such stating unequivocally that it would be bad, that now he is rid of an active front lines general who also agrees that it would be bad and has replaced him with a general who won't stand up to him for it?
Anyway, just a thought . . . has been terrific visiting with you, I know you're likely real busy so I don't expect an answer, but was great seein' you in this neck of the woods. Come around again and visit, I'm usually lurking on these great sites to get the unvarnished version of the news.
I'm no Rhodes Scholar but I know a vermin when I spot one and know enough not to invite it into my parlor to sit down for a drink (just recently really started liking tea!).
Just out of curiosity, is it just me, or did Obama do an "end run" (no pun intended) on the "Don't Ask, Don't Tell" issue? Seems he is out to destroy our military. I believe I remember that McCrystal was opposed to gays serving openly in the military and that Petreaus was obliquely for it (based on his 2009 statements), anyway, it seems that since Obama doesn't want to wait for the study/report that was expected to show that allowing gays to openly serve would be detrimental to the moral, unity, focus of our military as a whole, also there was that letter that was signed by lots of retired generals and such stating unequivocally that it would be bad, that now he is rid of an active front lines general who also agrees that it would be bad and has replaced him with a general who won't stand up to him for it?
Anyway, just a thought . . . has been terrific visiting with you, I know you're likely real busy so I don't expect an answer, but was great seein' you in this neck of the woods. Come around again and visit, I'm usually lurking on these great sites to get the unvarnished version of the news.
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written by Castus Jack, July 06, 2010
If you think he was dismissed because of this allution he was opposed to gays serving openly I would like to see the proof. My information says he was dismissed because of a statement a few days before dismissal that he couldn't do his job without more troops, like what he asked for and for which Obama comprimised. Ironically, Petraus has a new mission which is being called a "surge" which has the necessary troops needed to carry our the tasks that were dangeroulsy lacking in manpower with McCrystal . BTW I think Elaine should run for office, don't you?
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written by Texas Frog Soup, July 06, 2010
Nope, didn't say I thought he was dismissed "because" of his stand on Don't Ask,Don't Tell. I just suggested that Obama was able to eliminate an incredibly good soldier who understands how openly serving gays in the military would undermine his troops in addition to removing one that had personal opinions about his "commander in chief".
That was why I referred to it as an "end run". It certainly was not the primary reason, it was simply "fortuitous" for Obama that a general he wanted out of there just happened to have handed him all the excuse he needed on a silver platter.
And yeah, I see you also noted that now that Obama has "his man" in place he will actually do what he SHOULD have done when the previous general told him what the situation was and recommended the same thing. Obama, while playing politics, IS and has squandered the blood and lives of this country's brave military. Obama does not care about winning in the two wars on those far shores, what he cares about is significantly weakening this country's military, demoralizing it, decimating it with constant, protracted and expanded war.
He will continue his a*sault on every aspect of American strength until they are all destroyed. Both of his selections for the Supreme Court of the United States will be instrumental in making certain that the socialist/facist objectives initiated by Obama will have decades to continue to destroy America from the highest court in the land.
That was why I referred to it as an "end run". It certainly was not the primary reason, it was simply "fortuitous" for Obama that a general he wanted out of there just happened to have handed him all the excuse he needed on a silver platter.
And yeah, I see you also noted that now that Obama has "his man" in place he will actually do what he SHOULD have done when the previous general told him what the situation was and recommended the same thing. Obama, while playing politics, IS and has squandered the blood and lives of this country's brave military. Obama does not care about winning in the two wars on those far shores, what he cares about is significantly weakening this country's military, demoralizing it, decimating it with constant, protracted and expanded war.
He will continue his a*sault on every aspect of American strength until they are all destroyed. Both of his selections for the Supreme Court of the United States will be instrumental in making certain that the socialist/facist objectives initiated by Obama will have decades to continue to destroy America from the highest court in the land.
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Thank you for posting our news release. One question--why is the rest of conservative media not reporting on Kagan's problematic decision as Solicitor General in the Margaret Witt case? It was the second time that she let down the troops, contrary to carefully contrived image that she is trying to create now.