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  • Elena Kagan

    Texas Abortion Case Heading for Supreme Court

    A 3-judge panel of the Fifth Circuit has upheld H.B. 2, Texas’s abortion law made famous by state senator Wendy Davis’s eleven-hour filibuster last summer. Planned Parenthood and other abortion providers challenged parts of the law that would require doctors who perform abortions to have admitting privileges at a hospital … More

    Supreme Court to Hear Defense of Marriage Act Challenges: Legal Analysis

    It’s official: The Supreme Court announced today that it will take up the Defense of Marriage Act (DOMA) this term. This was hardly unexpected. As we previously noted, the High Court was almost certain to hear one or more of these cases after two federal circuit courts struck down DOMA … More

    Juvenile Life-Without-Parole: Constitutionality Depends on Sentencing Discretion

    In a 5–4 decision, the Supreme Court today held that the Eighth Amendment prohibits sentencing schemes that result in mandatory life without the possibility of parole (LWOP) sentences for juvenile killers. Writing for the majority, Justice Elena Kagan noted that “youth matters in determining the appropriateness of a lifetime of … More

    Obamacare Litigation: More "Golden" Reasons Why Justice Kagan May Need to Recuse Herself

    An internal memorandum from the Office of the Solicitor General (OSG) reveals that Justice Elena Kagan “substantially participated” in a health care case in San Francisco in which the Justice Department argued over the effect of the Patient Protection and Affordable Care Act (PPACA). This raises grave new doubts about … More

    In the Green Room: Senator John Thune on Spending, Kagan, and New START

    Yesterday, Sen. John Thune (R-SD) spoke at Heritage on the urgent need to rein in federal spending and reform the budget process. As Thune explained, there are 26 committees and subcommittees dedicated to spending, but not one to cutting spending. Afterward, he sat down with us for a short interview … More

    Kagan, Gun Rights, and the Fourteenth Amendment

    We have posted several videos from this summer’s Second Amendment Task Force this week. Today’s final installment is of remarks by Dave Kopel, Research Director at the Independence Institute. During his address, Kopel discussed the Kagan nomination in the broader context of the fight to protect gun rights. He specifically … More

    Morning Bell: The Obama Elite vs The American People

    This Tuesday voters in Missouri, by a 40-point margin, approved a ballot measure rejecting the individual mandate at the core of President Barack Obama’s health care law. Asked what the vote meant to the White House, press secretary Robert Gibbs said: “Nothing.” Yesterday in San Francisco, federal judge Vaughn Walker … More

    Elena Kagan During the Clinton Years

    Yesterday, we shared a video of our own Hans von Spakovsky speaking at a Second Amendment Task Force event earlier this summer. Hans focused on Kagan’s record and how her inaction on certain Second Amendment-related issues speaks volumes about how she would deal with them on the bench. In today’s … More

    Senator Jeff Sessions' Opening Argument on Kagan

    The Senate today commenced debate on the nomination of Elena Kagan to serve a lifetime appointment on the U.S. Supreme Court.  Senator Jeff Sessions (R-AL) opened the proceedings with a strong statement of how conservatives should assess nominees to the High Court. Senator Sessions started with a discussion of “Don’t … More

    How Would Justice Kagan Approach the Second Amendment?

    At a Second Amendment Task Force held earlier this summer, Hans Von Spakovsky, Senior Research Fellow at The Heritage Foundation, explained that Elena Kagan’s lack of action in her current job as Solicitor General with regard to the 2nd Amendment speaks volumes about how Kagan would rule on similar cases … More