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Thursday, May 13, 2010

Kagan Was ‘Not Sympathetic’ As Law Clerk To Gun-Rights Argument

May 13 (Bloomberg) -- Elena Kagan said as a U.S. Supreme Court law clerk in 1987 that she was “not sympathetic” toward a man who contended that his constitutional rights were violated when he was convicted for carrying an unlicensed pistol.

Kagan, whom President Barack Obama nominated to the high court this week, made the comment to Justice Thurgood Marshall, urging him in a one-paragraph memo to vote against hearing the District of Columbia man’s appeal.

The man’s “sole contention is that the District of Columbia’s firearms statutes violate his constitutional right to ‘keep and bear arms,’” Kagan wrote. “I’m not sympathetic.”

Kagan, currently the U.S. solicitor general, has made few public remarks about the Constitution’s Second Amendment. The Supreme Court in 2008 ruled, in a case that overturned the District of Columbia’s handgun ban, that the Constitution protects individual gun rights.

As a nominee to be solicitor general last year, Kagan told lawmakers that she accepted that 5-4 decision in District of Columbia v. Heller as a precedent of the court.

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1 comment:

Anonymous said...

kagan is being nominated because she is a radical left Obama worshipper who will interpret the Constitution accordingly. Kagan has proven to disdain the law in her protest and stopping of military recruiting by ROTC on campus which is a lawful act. She advocates BREAKING THE LAW when it suits her radical leftist ideology. She is being put onthe Supreme Court to change the 2nd amendment gun rights and to finalise the Public Option for Government Health Care takeover. Wake up people. Never mind the fact she i untruthful about her sexual orientation. ANOTHER LIAR