Guest / Limited Access /

President Obama's nomination for the Supreme Court has left law professors and political advocacy groups a thin record to mull over, especially on religious liberty and abortion cases.

When she served in President Bill Clinton's administration, Kagan urged Clinton to support a ban on late-term abortions, according to a memo obtained by the Associated Press. She also recommended that Clinton support legislation banning human cloning. Clinton supported both proposals, which failed to pass in Congress.

"It's political pragmatism," said David Smolin, a law professor at Samford University's Cumberland School of Law. "To me it says more about her as somebody who prudentially tries to get what's possible rather than holding out for the ideal position. If asked, she would probably say it was arguably compatible with Roe v. Wade and does not indicate one way or another her own view of Roe v. Wade."

Pro-life organizations have expressed concern about Kagan's nomination while pro-choice groups have lauded the decision.

The National Right to Life Committee (NRLC) acknowledged there is little on public record about Kagan's specific views on the Supreme Court's past abortion-related rulings. However, the NRLC focused on an essay Kagan wrote lamenting the Republican wins in 1980, in which she references the "Moral Majority," an organization founded by the late megachurch pastor Jerry Falwell that has since dissolved.

"Even after the returns came in, I found it hard to conceive of the victories of these anonymous but Moral Majority-backed opponents of Senators Church, McGovern, Bayh and Culver, these avengers of 'innocent life' and the B-1 Bomber, these beneficiaries of a general turn to the right and a profound disorganization on the left," ...

Subscriber access only You have reached the end of this Article Preview

To continue reading, subscribe now. Subscribers have full digital access.

Support Christian thought journalism. Donate to our nonprofit ministry today.
Read These NextSee Our Latest
Current IssueHow Realizing My Addiction Had Chosen Me Began My Road to Recovery
Subscriber Access Only How Realizing My Addiction Had Chosen Me Began My Road to Recovery
Framing addiction as a chronic disease gives a broader framework for understanding.
RecommendedGlobal Evangelical Leaders: Trump’s Win Will Harm the Church’s Witness
Global Evangelical Leaders: Trump’s Win Will Harm the Church’s Witness
Conference call explores election consequences on evangelicals overseas.
TrendingWhy Do We Have Christmas Trees?
Why Do We Have Christmas Trees?
The history behind evergreens, ornaments, and holiday gift giving.
Editor's PickThe Bible Never Says ‘All Men Are Created Equal’
The Bible Never Says ‘All Men Are Created Equal’
How the New Testament offers a better, higher calling than the Declaration of Independence.
Christianity Today
Elena Kagan's Past Leaves Little Trail
hide thisAccess The Archives

In the Archives

May 2010

To continue reading, subscribe now for full print and digital access.