Dear Friend of CWA of South Carolina,

The thousands of members of Concerned Women for America (CWA) of South Carolina are urging Senator Lindsey Graham (R) to vote “No” on the nomination of Elena Kagan to the United States Supreme Court.  Kagan’s record and her performance at the Senate Judiciary Committee hearings prove that she puts politics above law, a disqualifying characteristic for a judge at any level, let alone the highest court in the land.

Senator Jim DeMint (R) has already said he cannot support her, expressing his concerns by saying:

Judges who rely on flawed precedent or their own "judgment" instead of the Constitution to justify their rulings can say "yes" to anything. This is precisely how liberal judges have rubber-stamped tyrannical actions by the government in the past and how they will do it in the future.

On these grounds, I feel compelled to oppose Solicitor General Elena Kagan's nomination to the Supreme Court. During my private meeting with her, I asked Ms. Kagan questions about the limits of federal power. Her answers indicated her judicial philosophy is not grounded in the Constitution, and she would grant too much deference to precedent.

Today, CWA joined in a press conference with other conservative groups in front of the steps of the State Capitol in Columbia to highlight Kagan’s radical record and why Sen. Graham should join Sen. DeMint in voting against her confirmation to the Supreme Court.

Please contact Sen. Graham today at his Columbia office and ask him to vote “No” on Kagan.  The phone number is (803) 933-0112.  Be sure to let them know of your involvement with CWA and the press conference today.

Kagan believes judges can use the bench to promote a preferred social agenda.  In her Oxford thesis, she wrote, “[J]udges will often try to mold and steer the law in order to promote certain ethical values and achieve certain social ends.  Such activity is not necessarily wrong or invalid.”

This view shows she lacks one of the most essential characteristics for a judge to have — impartiality.  And we have seen that, when it comes to certain social issues she cares about, the law is just a tool to be used in order to achieve her personal preferences.

For example, not only does Kagan believe the gruesome and discredited practice of partial-birth abortion should be used in certain circumstances, she was willing to manipulate the law — and even science — to maintain the inhumane practice’s legality.

While working as an adviser for President Bill Clinton, she actually advised him to support a particular amendment to the Partial Birth Abortion Ban for political reasons, even though she believed it to be unconstitutional.  Supporting an unconstitutional law is in direct conflict with the oath she took as an attorney to uphold the Constitution. 

Kagan was so passionate about this issue that she was also willing to use her political power to influence an unfavorable scientific statement by the American College of Obstetricians and Gynecologists.  Her handling of this issue raises serious ethical questions that warrant an investigation, not a promotion.

Call Sen. Graham at his Columbia office: (803) 933-0112.  Tell them this vote should be beyond party lines.  Ask him to vote “No” on Kagan.

Time and time again, Kagan has put her personal liberal agenda above the law.  Her handling of the military issue at Harvard is another example — she kicked recruiters off campus in direct violation of federal law because of her disapproval of the “Don’t Ask, Don’t Tell” policy.  She also made “International Law” a required course at Harvard Law, while leaving Constitutional Law as an elective.

Kagan’s record is extremely troubling to all South Carolinians, and it should be equally troubling to Senator Nelson. 

Kagan could not even recognize at the hearings that we have inalienable rights that no government can take away, like our Declaration of Independence proclaims.  She should never be confirmed as the next Justice of the Supreme Court.

Tell Sen. Graham today: (803) 933-0112.

Many Blessings,

Penny Nance