This post was submitted by Mike Ellement, WCF Fellow
Elena Kagan’s confirmation to the Supreme Court will not only add a third (and much-needed) woman, but also a defender of reproductive health choices.
In the last week, the nation’s suspense of Kagan’s views on choice has been relieved: many of Kagan’s writings from her time as a legal adviser in the Clinton White House have been released, showing her deference to privacy of the individual against government regulation, which has long been held by the Court.
Her writings indicate that she will vote to uphold the over thirty years of jurisprudence that has held the constitution prohibits the government from regulating reproductive choices—from contraception to abortion. While the debate over such questions may make for good political commentary, the legal question has already been answered—the 5th and 14th Amendments to the Constitution prevent the government from answering such questions of choice which are reserved for the individual.
It’s truly a victory for women and all Americans that Kagan with follow in the footsteps of Justice John Paul Stevens, whose seat she will fill on the bench.
But given the already shameful and sexist commentary surrounding Kagan, we can surely anticipate that her views on choice will only add more fuel to the anti-choices fire during her confirmation hearings.
We join other groups who have already called for General Kagan to receive a fair confirmation hearing. The attacks against Justice Sotomayor were unfair, sexist, and, at times, vicious. The Kagan hearing should be different. She should receive the fair treatment and respect that her years of service demand.
WCF will be on the watch for those who distort her record, use gender-based attacks, and turn the nomination process into a political battle for their own benefit.
The Supreme Court nomination hearings for Solicitor General Elena Kagan are set to begin June 28.
