She is U.S. Solicitor General. But if President Obama gets his way, she will become the third woman on the Supreme Court. Not only would the former Harvard graduate and dean be just the fourth woman to ever hold a position on the top bench, she would be the youngest justice ever as well – a significant fact with a position that lasts for life.
Obama called Elena Kagan, "one of the nation's foremost legal minds," and spoke of her "openness to a broad array of viewpoints" and her "fair mindedness." The Commander in Chief also stated concerning the 50-year old Kagan, "She embodies the same excellence, independence and passion for the law," as the retiring Judge Stevens. And yet she would be the first justice without judicial experience in almost 40 years. That means that Kagan’s paper trail would be quite thin and therefore harder to scrutinize than certain other candidates. Kagan served in then Clinton White House and the President introduced her as his friend.
Republicans have shown no signs in advance that they would try to prevent a vote on Kagan, but they are certain to grill her in confirmation hearings over her experience and what few legal writings can be located from her razor-thin paper trail from her Harvard days. The Senate should confirm Ms. Kagan before Labor Day.
It is beyond interesting, if not often extremely troubling, that one of the greatest advantages to being confirmed to one of the most influential life-altering positions in the nation is to have as little known as possible about a candidate's views as possible. Those who have been around for a while will remember well what can happen to a candidate who dares to write honestly and openly about what he or she feels to be constitutionally proper. One word alone will resurrect that concept – Bork.
Just imagine what would occur if the Judge and Creator of all the earth made decisions on matters of guilt, innocence and heaven or hell based on having as little data as possible?
"Openness to a broad array of viewpoints" is the last thing God will consider when all someday stand before His great and eternal court. He will not need a paper trail because every thought and act ever committed will be at His divine disposal. And all that will matter to each ‘candidate’ for eternity will be decided by their legal representation as written about in 1 John 2:1-2. “My little children, these things I write to you, so that you may not sin. And if anyone sins, we have an Advocate with the Father, Jesus Christ the righteous. And He Himself is the propitiation for our sins, and not for ours only but also for the whole world.” This verse teaches that Jesus Christ paid the price for the sins of the entire world. But only those He personally represents from faith can claim and take advantage of His flawless defense. (!John 5:12)
When comparing the supreme Creator/Judge of the universe and those who fill the bench of America’s highest court, there is not much at all in common with one major exception. Earthly Supreme Court justices, and all those they impact, all share life-long positions. Their souls will live on forever – regardless what was their status in life. The only question when that life comes to an end, will become where they reside forever according to the final decision rendered by the ultimate Judge being based on their faith, or lack of faith, in His Savior Son.
Bill Breckenridge
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