Ken Klukowski: Elena Kagan's Opposition to Gun Rights
By Ken Klukowski
May 13, 2010
A third instance of Elena Kagan opposing Americans' Second Amendment
right to own a gun has now become public, and is sure to become a
major issue in her Supreme Court confirmation hearings. And it
confirms that President Obama's gun-control agenda is to create a
Supreme Court that will "reinterpret" the Second Amendment until that
amendment means nothing at all.
This year, no case on the Supreme Court docket is more important than
McDonald v. Chicago, where the Court is deciding whether the Second
Amendment right to keep and bear arms is only a right you have against
the federal government, or instead if the Second Amendment (like most
of the Bill of Rights) also secures a right you can assert against
state and local governments. At issue is whether Chicago's law banning
all guns even in your own home is constitutional.
When the Supreme Court considered its last Second Amendment case,
District of Columbia v. Heller in 2008, then-U.S. Solicitor General
Paul Clement filed a brief in the case, and then requested and
received time to argue the federal government's position in that case
as to the meaning of the Second Amendment.
When the McDonald case was argued before the Court on March 2 of this
year, current Solicitor General Kagan argued... Nothing. Not only did
she not ask for time during oral argument, she didn't even file a
brief (which the solicitor general routinely does in important
constitutional cases and the McDonald case is monumentally important).
If someone asserts that the solicitor general shouldn't file a brief
because it's a state matter as to whether the Second Amendment is
"incorporated" to the states through the Fourteenth Amendment (which
is the issue in McDonald) the record speaks to the contrary. The last
time the Supreme Court "incorporated" a right from the Bill of Rights
to the states, in the 1969 case Benton v. Maryland, the solicitor
general filed a brief, and then (just like Heller in 2008) got divided
argument time to express the government's views in front of the Court.
Why wouldn't Kagan file a brief expressing the view of over 75% of
Americans that the Second Amendment is an individual right, one that
every American citizen has against all levels of government?
Aside from her shocking decision not to file a brief in McDonald,
we've learned that Elena Kagan was part of the Clinton White House's
gun-control efforts, where a Clinton staffer said, "We are taking the
law and bending it as far as we can to capture a whole new class of
Then it became public that when the Supreme Court was asked in 1987 to
decide if the D.C. gun ban was unconstitutional (the same law that the
Court eventually struck down in Heller), Kagan wrote to Justice
Marshall on the Court that she was "not sympathetic" toward the
argument that the Second Amendment doesn't allow D.C. to completely
ban all guns.
Three anti-gun decisions. Three strikes, and you're out.
The bottom line is that Barack Obama supports the Chicago gun ban, a
position he publicly repeated as recently as June 26, 2008 (the day
the Heller decision was released). President Obama believes that
there's nothing unconstitutional about the city or even the whole
state where you live completely banning you from having any firearms
for hunting or self-defense, even in your own home.
As my coauthor Ken Blackwell and I discuss in our new bestselling
book, The Blueprint: Obama's Plan to Subvert the Constitution and
Build an Imperial Presidency, President Obama's gun-control agenda is
to create a Supreme Court that will repeatedly rule that whatever gun-
control laws come before it are okay. No matter how severe the anti-
gun measure is, the Court will say, "This is constitutional."
President Obama the most anti-gun president is American history has
nominated for our highest court a close personal friend of his. And
now we see that Obama has every reason to believe that his close
personal friend shares his radical view on the Second Amendment, one
that will work against the constitutional rights of 90 million
American gun owners.
Elena Kagan's confirmation hearings this summer could get very
interesting. America's gun owners have a way of making their voices