As Elena Kagan made courtesy calls on United States Senators last week one wonders what the substance of the conversations she had with lawmakers particularly democratic lawmakers was. Was it what’s your issue, let me know and if you give me your vote, I’ll make sure I vote for it. What is particularly disturbing about the nomination of Elena Kagan to the Supreme Court is that it is a given that she has no intention of interpreting the laws as a duty set out by the U.S. Constitution. Elena Kagan, if confirmed will be there to rubbber stamp a clearly partisan agenda. One would hope that a supreme court justice would be gray in their outlook, and be able to dig into the tome of the constitution and render a decision; but something everyone probably agrees upon to themselves or publicly is it is probably extremely doubtful that Kagan will be capable of interpreting anything unless it is in concurrence with her preconceived ideas or agenda.
The failure to take ideas and follow directions was never so illustrated as with Elena Kagan and the Solomon Amendment and her refusal to allow military recruitment on Harvard’s campus because of the U.S. Governments don’t ask don’t tell policy. The Solomon amendment required schools that receive federal funding to grant military recruiters “most favorable access” to their students or risk losing federal funds. Kagan citing don’t ask don’t tell barred military recruiters from Harvard Career recruitment offices saying the don’t ask don’t tell policy came into conflict with Harvard’s own policy that said organizations that discriminated against gays could not recruit on campus. Kagan conveniently forgot that in a federal emergency the US government protects Harvard from all sorts of maladies diseases, terrorism, whatever the Government would be there and she most conveniently forgot that the Federal government gives Harvard university 300,000,000 dollars a year in federal funding. However despite the Solomon amendment and at the risk of losing 300 million dollars for her university Kagan barred the military from campus and had her decision overturned. It does not take an education over the first grade to understand Elena Kagan has no intention of interpreting anything and could not even interpret a simple law when 300 million dollars was at risk for her college campus.
“delicate pieces of forgery in which you had nothing to guide you except your knowledge of the principles of ingsoc and your estimate of what the party wanted you to say.” –George Orwell 1984
While the Kagan’s refusal to abide by the Solomon amendment is an example of Kagans inability to interpret a law that put 300 million dollars of government money at risk for her university for her liberal bias as discussed above, the inappropriate interpretation of a law is by no means criminal. However the Orwellian manipulation of information for the sake of her democratic party gets Kagan crowned the secretary of Orwell’s 1984’s Ministry of Truth who’s main purpose in the book was the falsification and manipulation of data. Kagan leaned on two medical organizations with the full weight of the President of the United State’s office at the time to replace their wording with her wording as it regarded medical information for citizens of the United States. There are some blind individuals who call themselves democrats who want to argue that the individuals decimating this information about Elena Kagan are antiabortionists with a grudge. The honest truth is that after the full weight of Kagan’s and the Clinton administrations actions sinks in with the American People it will be pretty hard for any thinking citizen to believe a word that is issued from government assertions and/or Medical Organizations. It will be hard for the National Institute of Health to issue a H1N1 warning because Kagan and the actions of the Clinton administration have violated the public trust. While Kagan argues in her confirmation hearing that, hey little oh me can’t get the GRANDE doctors to change their minds about policy issues and that they made their own decisions. One of her memos tells a vastly different story and that the full weight of the presidential office (Appoints the FBI and CIA directors, HEAD OF THE MILITARY, in charge of Grant Money that funds major research etc.) was launched against ACOG to have the policy changed, The memo states,
“For many months, the folks at ACOG had been unwilling to speak with us about the medical issues surrounding the partial birth ban, but Marilyn Yeager convinced them to do so.”
The President of the United States office had not been calling ACOG for hours, for days, for weeks, but for months to get them to change a medical policy and assertion that ACOG felt was the best policy statement representing the American people. The original statement ACOG issued was as follows:
“a select panel convened by ACOG could identify no circumstances under which an intact dilation and extraction would be the only option to save the life or preserve the health of the- woman.”
by the time Elena Kagan finished leaning on ACOG with the Full Power of the President of the United States she was allowed to write and amend the above statement to read the following:
“An intact D&X, however, may be the best or most appropriate procedure in a particular circumstance to save the life or preserve the health of a woman, and a doctor should be allowed to make this determination.”
If one has any doubt as to Elena Kagan’s knowledge that this statement was a fallacious and misleading amendment of the original statement, the following quote from a Kagan memo should let shed light on the fact that Kagan was aware that partial birth abortions just were not done.
“I will spare you all the medical details here. Suffice it to say that we went through every circumstance imaginable — post- and pre-viability, assuming malformed fetuses, assuming other medical conditions, etc., etc.– and there just aren’t many where use of the partial-birth abortion is the least risky, let alone the “necessary,” approach. No one should worry about being able to drive a truck through the President’s proposed exception; the real issue is whether anything at all can get through it.”
The text in red clearly implies that substantively Kagan knew that as far as ACOG was concerned partial birth abortions were not necessary and she deliberately changed the language for the ideology of the democratic party. As a United States citizen I would hope that every appointed and elected official feels allegiance to the flag and the constitution of the United States and not to a political party or ideology. Kagan clearly does not possess the allegiance to the United States and her dogmatism concerning the democratic party is scary.
Finally, as an African American living in the United States I find the comparison that Elena Kagan carries the legacy of Thurgood Marshall extremely offensive. It appears to me that she and her whole generation are looking to be bigger badder and mightier than they civil rights leaders of the fifties and the sixties. I have never heard any examples of Thurgood Marshall falsifying and altering documents and I think I never will. Thurgood Marshall is most famous for the case Brown vs. Board of education which earned him a place on the supreme court. It was not given because he knew how to lick.
If Kegan is confirmed it will send a terrible message of Partisanship and our nation should be afraid that one party for the sake of a party can not see right from wrong.
This was clear intimidation and the abuse of Public office. This is not a Kagan issue at this point this is an office of the president issue by which all involved including Kagan should be investigated for intimidating and altering the statement of a medical body.
this is not an abortion issue it is an honesty and ethics issue a supreme court without a conscious is bound to sink the court into decisions that future generations will find untenable as well as perplexing that such individuals made it to the supreme court, it will further be a blaring blight to future generations because Kagan is one of the first waves of women on the court.
1. Kagans Failure to realize her role as an attorney, ethical human being and an advisor rather than as a get it done partisan politico is extremely disturbing and definitely indicates that she is incapable of interpreting the law objectively.
2. Kagans actions as well as the Clinton administration’s use of the office of President to intimidate and lean on a medical organization to alter facts and the meaning of a policy is criminal whether its ever prosecuted. Medical advice and knowledge can not be spread by political will or desire. In light of the technological age we are entering it
3. is extremely troubling that someone with the political nature of Elena Kegan will sit on the court and rule on cases that are health care and body related and can be extremely divisive.
4. Extremely insulting to me as an African American that certain politicians are saying that Elena Kagan Carries on the legacy of Thurgood Marshall. Whatever Marshall’s persoanl life was about and he admittedly in his authorized biography never claims to be particularly moral, his professional life involved the representation of God Fearing moral individuals who aspired to take a moral high ground. Thurgood Marshall was a civil rights attorney, there were no medical edicts on race,
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