As Luke noted earlier, Elena Kagan isn’t exactly a friend to the idea of free speech. This is a subject that Jacob Sullum dives further into over at Reason. However, there is another right that Kagan is “not sympathetic” on…the Second Amendment.
I know, it’s a shocker.
Kagan made her views known while serving as a clerk to Supreme Court Justice Thurgood Marshall:
Elena Kagan said as a U.S. Supreme Court law clerk in 1987 that she was “not sympathetic” toward a man who contended that his constitutional rights were violated when he was convicted for carrying an unlicensed pistol.
Kagan, whom President Barack Obama nominated to the high court this week, made the comment to Justice Thurgood Marshall, urging him in a one-paragraph memo to vote against hearing the District of Columbia man’s appeal.
The man’s “sole contention is that the District of Columbia’s firearms statutes violate his constitutional right to ‘keep and bear arms,’” Kagan wrote. “I’m not sympathetic.”
She pays lip service to the ruling in the Heller case:
“There is no question, after Heller, that the Second Amendment guarantees individuals the right to keep and bear arms and that this right, like others in the Constitution, provides strong although not unlimited protection against governmental regulation,” she said.
The Second Amendment says what it means. It clearly lays out an individual right to keep and bear arms. Kagan will be a vote against the Second Amendment, without question, and unfortunately, there is much more to be concerned about.