Elena Kagan Should Be Rejected

The New Republic magazine is salivating at the prospect that Kagan will reassert the discredited doctrine of the "living Constitution."


Barack Obama revealed his goal for the Supreme Court when he complained on Chicago Radio Station WBEZ-FM in 2001 that the Earl Warren Court wasn't "radical" enough because "it didn't break free from the essential constraints placed by the Founding Fathers in the Constitution" in order to allow "redistribution of wealth." Now that Obama is President, he has the power to nominate Supreme Court justices who will "break free" from the Constitution and join him in "fundamentally transforming" America.
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