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Elena Kagan: Supreme Court Nominee - Background & Potential Impact


Question
Hi. I just heard that Barack Obama has chosen his nominee for the Supreme Court (Elena Kagan). I am wondering if you know anything about her? Do you know if she is pro-choice?  I am terrified that Roe V Wade is  going to be overturned. It's scary to think of going back to a time when women had no choice. Are you concerned? Thanks.

Jodi

Answer
Hi Jodi :)

I got your question immediately, but have waited to answer because I didn't know much, if anything, about her, and was waiting to see if more about her views on abortion would come out, which unfortunately they haven't.

I'm not very concerned at all. The President did say he wasn't putting candidates through a litmus test on abortion, but he did speak to them about how they felt on women's rights. To me, the first part was a way to calm down the dumb anti-choicers, the second a shout out to those concerned about Roe, saying "don't worry." I'm sure she'll downplay any pro-choice views though. Even Justice Ginsberg downplayed her views on abortion during her confirmation, and she's the most outspoken proponent for abortion rights on the bench right now. I think the President will choose people who appear moderate, so they can get through confirmation, but who will ultimately lean liberal once on the bench. That's my hope. I trust that the President, a constitutional scholar, and someone who I truly believe is pro-choice, with two daughters, will not put Roe in jeopardy. And if he talked with Justice Stevens about his choice and Stevens approved, then that's all the better.