Assessing Elena Kagan . . .

She could have been my cousin!
Elena Kagan, President Obama’s most recent nominee to the Supreme Court, looks and sounds like anyone of my cousins. Maybe that makes her less scary to me. She’s so familiar—from the mild pinch in her voice, to the soft r’s in her speech, to her facial features and even to her body morph. Even more so, it’s Miss Kagan’s worldview—her philosophy of life—that pervaded my own upbringing. So, in that way, she’s definitely one of my “peeps.” For me, the only thing that is unusual about her is that her idiosyncrasies—unlike those of my cousins—could, very soon, become the law of the land.
What I learned about Elena Kagan this week was, well, at the same time a lot—and nothing at all. What I learned was, again, oh so familiar. She’s the quintessential Northeastern liberal–make that, the epitome of the New England liberal, cast in an ethnically Jewish personality. (During my growing up years, my father’s side was almost entirely in Connecticut.) At the same time, on the legal front, none of us really learned anything at all. What people saw was a likable and unflappable personality (she stuttered in only a couple of exchanges), but she largely deflected the pointed questions and gave only bland and ambiguous answers on the really salient subjects.
One certainty I think anyone one of us could take away from the committee inquiry is that Miss Kagan engaged, at least at one time, in pro-abortion activism. This point is quite significant. We haven’t really had an unapologetic, politically oriented abortion activist on the Court since the late Harry Blackmun, the author of Roe v. Wade. (And he didn’t start out his professional career that way, as Miss Kagan apparently did.) So, Miss Kagan, as “Justice Kagan,” could turn out to be Harry Blackmun revivified on the High Bench—and then some. That would be a bad thing. Having said that, though, let me tell you what I harbor in my heart for the likely and near-future Justice Kagan.
Although (we’re told), Miss Kagan had a falling out with the Orthodox Judaism of her childhood, she still has a Jewish conscience in her soul. (There is no indication she has utterly repudiated her Jewish roots—culturally or religiously.) This is hopeful. The Great Apostle Paul (and former Rabbi Saul) wrote of those who may not apparently know God, “the work of the law [is] written in their hearts, their conscience also bearing witness” (see Romans 2:15). A seed of conscience can always be nurtured. I’m convinced for most of us, the older we get, the richer is the soil of our hearts and, therefore, the better are the chances the seed of conscience can sprout—and even grow.
Should the Judiciary Committee vote this month to recommend Miss Kagan to the full Senate for a vote; and should she subsequently receive a majority of “Yea” votes in August (both outcomes are a virtual fait accompli), she will be sworn in as the next sitting associate justice of the United States Supreme Court. That’s when our work begins. Faith and Action will call the people of God to pray for Justice Kagan, and we will do everything God enables us to do to persuade her to return to the roots of her conscience, which are found in God’s Word, and epitomized in the Great Commandments.
The success of this endeavor is predicated on building an amicable relationship with Miss Kagan, starting now. So, at the expense of criticism from our friends and allies, we will continue to treat Nominee Kagan (the presumptive Justice Kagan) with all due respect, deference and generosity. For those who think we are compromising by doing so, I would hope they would consult the entirety of God’s Word on the treatment of others—including enemies—before rendering a final verdict on us.
To review or catch up with the Kagan confirmation, be sure to go to http://www.c-span.org/Special/Supreme-Court-Kagan-Senate-Confirmation-Hearing.aspx.
Rob +


