Lynn v. Sekulow

Lynn v. Sekulow

Kagan And Religious Liberty: Too Bad We Didn’t Learn More


I think you know how I feel about the National Day of Prayer decision. I think it’s a good one and I hope it sticks.

Let’s turn now to other current events. The Senate Judiciary Committee proceedings have
come to an end, and now we must wait to see if Elena Kagan will be confirmed as
the newest Supreme Court justice.

I’m not sure how you feel, but I for one wish we could have
learned more about where Kagan stands on crucial church-state issues.

Americans United called on the Senate Judiciary Committee to
question the Supreme Court nominee on her views concerning a range of
church-state issues. On June 23, AU sent a letter to Committee Chairman Sen.
Patrick Leahy and ranking minority member Sen. Jeff Sessions. In the letter,
Americans United asked the senators to question Kagan about specific records
stemming from her service in the Clinton administration and her testimony to
the Senate during her confirmation hearing as solicitor general.


Senators Dianne Feinstein (D-Calif.) and Benjamin Cardin
(D-Md.), in particular, raised questions in the hearing relating to Kagan’s
views of church-state separation and religious liberty.

Unfortunately, Kagan
was not asked the more specific questions raised in AU’s letter, and she was
quite general in most of her answers.  (For example, she refused to share
her thoughts on the recent Supreme Court decision in Christian Legal Society
v. Martinez

I guess we’ll just have to wait and see what happens. If she
is confirmed, we will surely learn where she stands on religious liberty issues
when the court next term hears Arizona Christian School Tuition Organization
v. Winn
. The case deals with the constitutionality of an Arizona
tuition-tax credit program that benefits religious schools.


It should be interesting.

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Comments read comments(5)
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posted July 14, 2010 at 6:10 pm

Don’t worry Barry. It doesn’t really matter who gets appointed to the Supreme Court as long as they have judicial experience because once they are confirmed, they no longer answer to the Republican or Democrat political machines, but they answer to the posterity of every law school student in the future. None of the real justices wants to have their opinions studied and found to be wanting for proper judicial precedent and restraint. Kagan will be one of those. What we have to watch out for is those rare situations like Clarence Thomas, where the nominee was clearly incompetent and was only appointed because he was the only available black conservative male in America (after Ray Charles died). That will only happen again if the Republicans get another President elected who puts conservative ideology over competence…

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posted July 15, 2010 at 10:12 am

The best descriptor of the entire confirmation hearing is rope-a-dope, term of curling-under while being pounded, coined by boxer Ali. Ms. Kagan refused to comment upon past court decisions, claiming to do so might =characterize= them and she must work with the yea and naysayers. And she refused to discuss many controversial issues because they were likely to appear before the court in the near future. I would have remarked: “Then why the hell are we here?”
I opposed her nomination. Eminently qualified, I feel she is the wrong person at this Time. For me, the qualification that I most want of a SC justice is demonstration of having overcome major adversity in life. All she has done is change trains from one cushy ride to another. This does not build character, or depth. Obama is the other example of this confusing, wordy emptiness.

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posted July 25, 2010 at 8:22 am

The real problem is the evasiveness of the candidate.

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Your Name

posted July 26, 2010 at 2:44 pm

When The Supreme Court starts treating people who are growing as people in the womb and elsewhere, then maybe I will think they have something to offer to the planet, like common sense….cc

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Sacramental Bea

posted September 3, 2010 at 4:27 pm

“people who are growing as people”????
Zygotes are people now?

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