WASHINGTON, DC – After meeting today with Solicitor General Elena Kagan, U.S. Senator Roger Wicker (R-Miss.) issued the following statement announcing his opposition to her nomination to the Supreme Court:

“After thoroughly reviewing her record and testimony, and meeting with her to discuss various concerns, I have come to the conclusion that I cannot support Ms. Kagan’s nomination.

“Supreme Court Justices must adhere to the Constitution and apply the law impartially without respect to their social, moral, or political views.  Although Ms. Kagan certainly has an impressive resume, I remain deeply concerned that her extensive career as an academic and political advisor demonstrates a troubling tendency to insert her personal beliefs when making decisions and recommendations, even in open defiance of federal law or the Constitution.  I believe this raises serious questions about how she would interpret the Constitution from the bench.”

“In our meeting today, Ms. Kagan and I discussed her record as Dean of Harvard Law School.  I find it alarming that a nominee to the Supreme Court would change school policy and defy federal law by banning military recruiters from campus during a time when our country was at war. 

“I am also troubled by her history on abortion and the Second Amendment. Ms. Kagan indicated in memos that she believed partial birth abortion – a reprehensible act – is constitutionally protected.  Her record also appears to demonstrate a personal aversion to the right to bear arms.  These actions call into question whether she will interpret the law as written or as she would like it to be. 

“I believe the Founding Fathers intended the Supreme Court to serve as a check and balance on Congress, rather than a rubber stamp on the policies and laws passed by the legislative body. Unfortunately, Ms. Kagan did not satisfy my concerns that she would uphold this fundamental standard. Instead, it appears the nominee believes that there is little limit to the federal government’s power over the individual rights of Americans.

“For these reasons I have outlined, I will vote against the nomination of Ms. Kagan to the U.S. Supreme Court.”

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