“Ms. Kagan's incredibly hostile view of the military suggests she is out of touch with mainstream sensibilities and obedience to the rule of law,” he said.
“Recently, in her brief tenure as Solicitor General, she argued that the federal government has the power, under campaign finance laws, to ban certain books and pamphlets,” Perkins added. The FRC president recalled how Chief Justice John Roberts reacted to Kagan's argument at the time and quoted him as saying that as “a free-floating test for First Amendment coverage, that (proposition) is startling and dangerous.”
National Right to Life also weighed in on nomination Monday, stating that there are “troubling indications that Ms. Kagan generally favors an activist, results-oriented approach to constitutional law.”
Citing a 1995 law journal article by Kagan, the pro-life group outlined statements from the nominee in which she said “it should be no surprise by now that many of the votes a Supreme Court Justice casts have little to do with technical legal ability and much to do with conceptions of value.” Kagan also wrote in the same document that “bottom-line issue in the appointments process must concern the kinds of judicial decisions that will serve the country and, correlatively, the effect the nominee will have on the Court's decisions ... If that is too results oriented ... so be it ...”
Meanwhile, the National Organization for Marriage (NOM) warned in an email that "A vote for Elena Kagan is a vote to impose gay marriage on all 50 states." The group further argued that "claims that somehow Kagan is 'moderate' on gay marriage are part of a PR campaign intended to mislead the public about her core Constitutional values."
As Senate confirmation hearings look to be held before August, Perkins echoed a call being made by numerous pro-life and pro-family advocates, saying, “Ms. Kagan has called for the Senate to use the Supreme Court confirmation hearings 'to engage nominees in meaningful discussion of legal issues,' and that a nominee's views on issues are fair game to be discussed.”