August 2, 2010
The central question before the Senate in providing advice and consent on the nomination of Elena Kagan is the following: has the nominee demonstrated, by her background and testimony, that she is prepared to put her personal political agenda aside in order to apply the law as written? Unfortunately, the record suggests that she has not. Ms. Kagan has a long history of partisan political advocacy that subordinates an even-handed reading of the law. When the advancement of her personal political agenda conflicted with an objective reading of the law or medical science, Ms. Kagan appears to have chosen her political agenda. To make matters worse, her testimony before the Senate was less than candid about these issues.