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J. Michael Smith, Esq.

Michael P. Farris, Esq.

Elena Kagan Confirms Her Support for International Law

William A. Estrada, Esq.
Director of Federal Relations

Melanie Palazzo
Congressional Action Program Director

July 12, 2010

HSLDA urges our members and homeschoolers nationwide to call their two U.S. senators and express their opinions on the nomination of Elena Kagan for Supreme Court.

Elana Kagan was recently nominated by President Obama to replace Justice John Paul Stevens on the Supreme Court. Ms. Kagan underwent a four-day confirmation hearing held by the U.S. Senate Judiciary Committee ending July 1.

HSLDA has been concerned about Ms. Kagan’s nomination because of her support of international law over the U.S. Constitution while she was dean of Harvard School of Law. Our concerns were not alleviated, but only grew with Kagan’s answers during her hearing.

For instance, Senator Chuck Grassley (IA) asked Ms. Kagan on the second day of the hearings, “Should judges look to foreign law for ‘good ideas?’ ”

Ms. Kagan responded, “I am in favor of good ideas wherever we can get them.”

Senator Grassley later asked, “If you were confirmed, would you rely on or cite international foreign law when deciding cases?”

Ms. Kagan’s response: “It depends. There are some cases in which the citation of foreign law or international law might be appropriate.” (Watch the hearings in their entirety online.)

We are concerned about Kagan citing foreign or international law as a Supreme Court justice because of the danger that could ensue if she ever cited the U.N. Convention on the Rights of the Child (CRC) as precedent in a Supreme Court opinion. This treaty could severely limit parental rights. To learn more about why Kagan citing the CRC as a Supreme Court Justice would be dangerous please read “Will Elena Kagan use International Law as Supreme Court Justice?”

We encourage you to call your two U.S. senators and share with their staff your thoughts about Ms. Kagan’s confirmation. We expect that the full Senate will vote on Ms. Kagan's nomination in the next couple of weeks.

You can reach your two U.S. senators by calling the Capitol switchboard at (202) 224-3121, or toll-free at 866-220-0044. You can find your U.S. senators by using HSLDA’s Legislative Toolbox.