Bloomberg news reports that while clerking for U. S. Supreme Court Justice Thurgood Marshall, supreme court nominee Elena Kagan said 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 urged Justice Marshall 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.”
In a 5-4 decision in 2008, the Supreme Court ruled that the Constitution protects individual gun rights in District of Columbia v. Heller, overturning the District of Columbia’s handgun ban. It would not have been so, had Kagan been on that court. Kagan is described as one who works strategically to thwart the agenda of a more conservative majority.
Kagan’s views on the our constitutionally protected First Amendment freedom of speech, can be summed up in these words while answering questions on gun rights during her confirmation hearing as solicitor general: “Once again, there is no question, after Heller, that the Second Amendment guarantees individuals the right to keep and bear arms and that this right, like others in the Constitution, provides strong although not unlimited protection against governmental regulation.”
Get that? American citizens’ freedom of speech enjoys “Strong although not unlimited protection against governmental regulation.”
Kagan’s leftist views are deeply ingrained. This commentary, titled Nov. 10, 1980: Fear and loathing in Brooklyn, was authored by Elena Kagan (Class of ’81) during her tenure as editorial chairman at The Daily Princetonian. It was published immediately after Ronald Reagan’s victory, and includes these telling insights:
Looking back on last Tuesday [when Ronald Reagan won the presidency], I can see that our gut response — our emotion-packed conclusion that the world had gone mad, that liberalism was dead and that there was no longer any place for the ideals we held or the beliefs we espoused — was a false one. In my more rational moments, I can now argue that the next few years will be marked by American disillusionment with conservative programs and solutions, and that a new, revitalized, perhaps more leftist left will once again come to the fore.