Monday, May 17, 2010

Elena Kagan Should Not Be Confirmed To THe Supreme Court

We need a Supreme Court Justice with experience in application of the law, not just an academic view of it.

While most people cite Elana Kagan having never been a judge as a reason to disqualify her, I do not think that is the only reason. In fact, I really believe we need non-judges on the court, just like we have needed minorities and women on it. Personally I would love to see a strong constitutional attorney or a member of the military’s Judge Advocate General Corps appointed to the Supreme Court. The retiring Justice Stevens is the last member of the court to have served in the military. With all of the terror trials still looming, and whether federal vs. military trials should be used, I think we need a judge with some military experience.

When you look at Elena Kagan’s record she only has 2 years with a law firm. She spent to years clerking for judges, and until she became solicitor general, she has spent her entire time in legal academia, from University of Chicago as a professor, to Harvard Law Professor, to Dean of Harvard Law School. She has spent very little time trying cases, or writing any substantive works regarding any aspect of the law. The only issue she has really made herself a name for was getting the military kicked out of Harvard Law School. Her opinion on the law is a virtual secret.

Elena Kagan isn’t inexperienced because she was never a judge; she is inexperienced because she hasn’t done anything of significance outside of academia.

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