In last week’s hearings to determine whether former Harvard Law School dean Elena Kagan should be a justice of the U.S. Supreme Court, a number of liberal Senators criticized the Supreme Court’s 2007 decision in Ledbetter v. Goodyear Tire & Rubber Co. as the work of “conservative activists.” In Ledbetter, …
7:30 Alt on Kagan’s Activism and Willingness to Interpret the Constitution based on Foreign Law Robert Alt entered into the record a written statement in support of his testimony before the Senate Judiciary Committee this evening. Alt’s statement explains why Kagan’s activism calls into question her fitness for a lifetime …
This Sunday, our nation will celebrate Independence Day, which commemorates the Continental Congress’ adoption of the Declaration of Independence on July 4, 1776. Thomas Jefferson’s Declaration preamble reads: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain …
In Day Three questioning of Supreme Court nominee Elena Kagan, conservative senators continued to press for clear, forthright answers to resolve the serious questions surrounding Kagan’s unlawful policy on military recruiting at Harvard Law School and her views on the reach of federal power to regulate details of American life, …
In her questioning of Elena Kagan yesterday, Sen. Dianne Feinstein (D-CA) asked about the degree to which courts should defer to agency constructions of statutes, pointing to a 2006 Supreme Court decision regarding the Clean Water Act (CWA) that left intermittent seasonal streams unprotected. Kagan told Senator Feinstein she did …
Deputy Director of the Center for Legal and Judicial Studies at The Heritage Foundation Robert Alt is scheduled to testify as a minority witness this Thursday before the Senate Judiciary Committee’s hearing on the nomination of Elena Kagan to be an Associate Justice of the Supreme Court of the United …
Day two of the Elena Kagan confirmation hearings saw a little less posturing than yesterday’s opening salvos by Senators bent on diverting attention from Kagan’s record by excoriating the current Supreme Court and falsely characterizing it as a bunch of “conservative activists.” Unfortunately, there was the same lack of meaningful …
Elena Kagan is a notably opaque Supreme Court nominee. In order to perform their constitutional function, the members of the Senate will have to reach a conclusion about her views and whether they are in the mainstream. Certain of the documents that she has generated give clues that lead to disturbing answers. …
Deputy Director of the Center for Legal and Judicial Studies at The Heritage Foundation Robert Alt is scheduled to testify as a minority witness this Thursday before the Senate Judiciary Committee’s hearing on the nomination of Elena Kagan to be an Associate Justice of the Supreme Court of the United …
In the nearly 160,000 pages of recently released documents that relate to Elena Kagan, precious little appears about Paula Jones — even though Kagan was intimately involved in President Clinton’s sexual harassment lawsuit in her capacity in the White House Counsel’s office. Sen. Jeff Sessions (R-AL) today had something to …
