Wednesday, June 23, 2010

Elena Kagan's Oxford Thesis Has Supreme Court Nominee Praising Activist Judges

An interesting story from http://www.lifenews.com/ about Elena Kagan.This follows this post License Plates.For more interesting stories like this click here to follow this blog.

Elena Kagan's Oxford Thesis Has Supreme Court Nominee Praising Activist Judges
Washington, DC ( www.LifeNews.com ) -- When President Barack Obama nominated Elena Kagan for the Supreme Court, he likely spent enough time with her to know she appreciates activist judges who make law from the bench rather than interpret it. Without the benefit of knowing her intimately, pro-life groups are left to research her background.
Americans United for Life has turned up a copy of the thesis Kagan wrote in 1983 at Oxford University that praises agenda-driven judges.
In her graduate thesis, Kagan spends considerable time analyzing the Warren Court -- the years from 1953-1969 when activist Earl Warren was Chief Justice and the legal prelude to Roe v. Wade was set.
Kagan describes the Warren Court as “a court with a mission… to correct the social injustices and inequalities of American life … [and] to transform the nation.”
Kagan states that “the Warren Court justices set themselves a goal…and they steered by this goal when resolving individual cases.” According to Kagan, the “rectification of social injustice” was the Warren Court’s standard of constitutional decision-making.
In a comment that may find its way into her upcoming Senate committee hearings, Kagan said it is "not necessarily wrong or invalid" for Supreme Court judges to "mold and steer the law in order to promote certain ethical values and achieve certain social ends."
According to AUL's analysis of the thesis, "Kagan does not criticize the Warren Court’s vision of a 'just and fair society informing almost the whole of the Court’s constitutional analysis.' Kagan only critiques the Warren Court because it failed to write 'a tenable legal argument' for its decisions regarding the exclusionary rule, leaving them vulnerable to reversal or modification by future Courts." Full story at LifeNews.com

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