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Elena Kagan
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Supreme Court decisions 2020's

Shortest Way Home, by Pete Buttigieg

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Supreme Court decisions 2010-2019

Saving Capitalism, by Robert B. Reich

Notorious RBG: The Life and Times of Ruth Bader Ginsburg, by Irin Carmon and Shana Knizhnik

UT newspaper: The Salt Lake Tribune

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Last Line of Defense, by Ken Cuccinelli

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Speeches at 2011 CPAC conference

(click a picture above for excerpts or other books and debates by or about Elena_Kagan)

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Elena Kagan on Abortion
Click here for 3 full quotes on Abortion OR background on Abortion.
  • Don't require admitting privileges for abortionists. (Feb 2019)
  • Compromise on abortion if core rights & exceptions upheld. (May 2010)
  • Health exceptions for partial-birth abortion ban. (May 1997)
Elena Kagan on Budget & Economy
Click here for the full quote on Budget & Economy OR background on Budget & Economy.
  • 14th Amendment's "liberty clause" includes economic liberty. (Jul 2012)
Elena Kagan on Civil Rights
Click here for 10 full quotes on Civil Rights OR background on Civil Rights.
  • No job discrimination for transgender status. (Jun 2020)
  • Credit Ruth Bader Ginsburg for making country work for women. (Oct 2015)
  • Concurred on no longer deny gays the right to marriage. (Jun 2015)
  • Concurred on allowing federal ObamaCare subsidies. (Jun 2015)
  • Oppose don't-ask-don't-tell but defend it as current law. (Aug 2010)
  • Defend Defense of Marriage Act, since it is the law. (May 2010)
  • OpEd: Conservatives see Kagan as sure vote for gay rights. (May 2010)
  • Military ban on gays is moral injustice of the first order. (May 2010)
  • 1st Amendment protects church's anti-gay funeral pickets. (Mar 2011)
  • Women under-represented as managers enough for gender bias. (Jun 2011)
Elena Kagan on Corporations
Click here for 4 full quotes on Corporations OR background on Corporations.
  • Company can challenge onerous IRS reporting requirement. (May 2021)
  • 2009: Argued before Supreme Court favoring Chrysler bailout. (Feb 2019)
  • Disallow monopolies from disadvantaging small business. (May 2016)
  • Ok to sue for corporate direct OR indirect negligence. (Jun 2011)
Elena Kagan on Crime
Click here for 3 full quotes on Crime OR background on Crime.
  • Death penalty is constitutional, but requires due process. (Jul 2012)
  • Scientific testing requires live testimony in criminal cases. (Jun 2011)
  • Delay executions if asked by International Court of Justice. (Jul 2011)
Elena Kagan on Drugs
Click here for 2 full quotes on Drugs OR background on Drugs.
  • Individual suspicion required before administering drug test. (Jul 2012)
  • Sentencing rules change allows crack sentence reductions. (Jun 2011)
Elena Kagan on Education
Click here for 8 full quotes on Education OR background on Education.
  • Schools are limited in regulating student off-campus speech. (Jun 2021)
  • States can fund private schools but not parochial schools. (Jun 2020)
  • No reverse discrimination unless justified by other reasons. (Jun 2010)
  • 2000: Limited public aid to parochial schools is ok. (Jun 2010)
  • 1998: Don't justify all-girl school by making all-boy school. (Jun 2010)
  • 2009: education services ok in private schools. (May 2010)
  • No Child Left Behind law is not an unfunded mandate. (May 2010)
  • Paying taxes sufficient to oppose religious tax credits. (Apr 2011)
Elena Kagan on Energy & Oil
Click here for 3 full quotes on Energy & Oil OR background on Energy & Oil.
  • No extensions for refineries' Renewable Fuel Program. (Jul 2021)
  • Let citizens sue for harm caused by global warming. (Jun 2010)
  • Clean Air Act displaced federal common law on CO2 emissions. (Jun 2011)
Elena Kagan on Environment
Click here for 2 full quotes on Environment OR background on Environment.
  • Congress can empower EPA and executive branch. (Nov 2021)
  • Established environmental law program at Harvard. (May 2010)
Elena Kagan on Families & Children
Click here for 4 full quotes on Families & Children OR background on Families & Children.
  • Overturn DOMA; equal protection for same-sex couples. (Jun 2013)
  • Grants to religious organizations ok for family services. (May 2010)
  • Grants to churches ok if used for non-religious purposes. (May 2010)
  • 1st Amendment protects videogame violence as "speech". (Jun 2011)
Elena Kagan on Foreign Policy
Click here for background on Foreign Policy.
    No issue stance yet recorded by OnTheIssues.org.
Elena Kagan on Free Trade
Click here for background on Free Trade.
    No issue stance yet recorded by OnTheIssues.org.
Elena Kagan on Government Reform
Click here for 9 full quotes on Government Reform OR background on Government Reform.
  • AZ mail-in restrictions violate Voting Rights Act. (Jul 2021)
  • Allow curbside voting & loosen rules during pandemic. (Jul 2020)
  • Voting Rights Act still needed to prevent discrimination. (Jun 2013)
  • I believed in opposing Citizens United, but we lost. (Jul 2012)
  • Judges should advance democracy, human rights, & rule of law. (Feb 2012)
  • Commerce clause does not apply to non-economic activities. (Feb 2011)
  • Strong executive lets president press his agenda. (May 2010)
  • Aggressive advocate for campaign finance reform. (Apr 2010)
  • Public campaign finance can fund based on opponent spending. (Jun 2011)
Elena Kagan on Gun Control
Click here for the full quote on Gun Control OR background on Gun Control.
  • 2nd Amendment confers individual right, not broad principle. (Jul 2012)
Elena Kagan on Health Care
Click here for 8 full quotes on Health Care OR background on Health Care.
  • Individual mandate is constitutional even with $0 tax. (Jun 2021)
  • Uninsured engage in commerce by raising others' premiums. (Feb 2013)
  • Without individual mandate, ObamaCare is unsustainable. (Feb 2013)
  • Upheld ObamaCare in Sebelius case, despite recusal concerns. (Oct 2012)
  • ObamaCare's mandate is constitutional under Commerce Clause. (Jun 2012)
  • Helped plan legal defense of ObamaCare. (Nov 2011)
  • Broad Congressional power for commerce, like ObamaCare. (May 2010)
  • Congress did not intend disparate result on generic drugs. (Jun 2011)
Elena Kagan on Homeland Security
Click here for 7 full quotes on Homeland Security OR background on Homeland Security.
  • 2003: Opposed military excluding gays from military service. (Jun 2010)
  • Al Qaeda suspects should be held under indefinite detention. (May 2010)
  • Enemy forces can be detained without trial. (May 2010)
  • Military plays vital role in well-being of the country. (May 2010)
  • Oppose Solomon Amendment: let colleges bar ROTC recruiting. (May 2010)
  • 2009: Ok to detain enemy combatants in wartime without trial. (May 2010)
  • Apply rule of law to Guantanamo detainees. (Nov 2005)
Elena Kagan on Immigration
Click here for 4 full quotes on Immigration OR background on Immigration.
  • DACA protect childhood immigrants from deportation. (Jun 2020)
  • Recused herself from Arizona immigration case. (Oct 2012)
  • Let deported immigrants appeal based on bad legal advice. (May 2010)
  • Let deported immigrants appeal based on administrative error. (May 2010)
Elena Kagan on Jobs
Click here for the full quote on Jobs OR background on Jobs.
  • Let Congress fix problems like Ledbetter Act, not judges. (Jul 2012)
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Elena Kagan on Principles & Values
Click here for 4 full quotes on Principles & Values OR background on Principles & Values.
  • Recused herself from 28 out of 75 cases in first term. (Oct 2012)
  • Attended Harvard Law School; then became Dean. (May 2010)
  • 1995: Clinton Administration Associate White House Counsel. (May 2010)
  • States cannot sue each other over eased voting rules. (Dec 2020)
Elena Kagan on Social Security
Click here for background on Social Security.
    No issue stance yet recorded by OnTheIssues.org.
Elena Kagan on Tax Reform
Click here for 3 full quotes on Tax Reform OR background on Tax Reform.
  • Only Congress can allow out-of-state Internet sales tax. (Jun 2018)
  • States can tax out-of-state earnings, even if taxed there. (May 2015)
  • Railroads can sue for tax exemptions on other diesel users. (Feb 2011)
Elena Kagan on Technology
Click here for background on Technology.
    No issue stance yet recorded by OnTheIssues.org.
Elena Kagan on War & Peace
Click here for background on War & Peace.
    No issue stance yet recorded by OnTheIssues.org.
Elena Kagan on Welfare & Poverty
Click here for background on Welfare & Poverty.
    No issue stance yet recorded by OnTheIssues.org.


VoteMatch Responses
(Click here for VoteMatch quiz)
VoteMatch Question & Answer
(Click on question for explanation and background)
Based on these stances:
(Click on topic for excerpt & citation)
Favors topic 1:
Abortion is a woman's unrestricted right
(+2 points on Social scale)
Don't require admitting privileges for abortionists: Favors topic 1
Compromise on abortion if core rights & exceptions upheld: Favors topic 1
Health exceptions for partial-birth abortion ban: Favors topic 1
Favors topic 2:
Legally require hiring women & minorities
(-3 points on Economic scale)
Credit Ruth Bader Ginsburg for making country work for women: Favors topic 2
Let Congress fix problems like Ledbetter Act, not judges: Opposes topic 2
No reverse discrimination unless justified by other reasons: Favors topic 2
1998: Don't justify all-girl school by making all-boy school: Favors topic 2
Women under-represented as managers enough for gender bias: Strongly Favors topic 2
Strongly Favors topic 3:
Comfortable with same-sex marriage
(+5 points on Social scale)
No job discrimination for transgender status: Strongly Favors topic 3
Concurred on no longer deny gays the right to marriage: Strongly Favors topic 3
Overturn DOMA; equal protection for same-sex couples: Strongly Favors topic 3
Oppose don't-ask-don't-tell but defend it as current law: Favors topic 3
2003: Opposed military excluding gays from military service: Favors topic 3
Defend Defense of Marriage Act, since it is the law: Opposes topic 3
OpEd: Conservatives see Kagan as sure vote for gay rights: Strongly Favors topic 3
Military ban on gays is moral injustice of the first order: Strongly Favors topic 3
1st Amendment protects church's anti-gay funeral pickets: Opposes topic 3
Opposes topic 4:
Keep God in the public sphere
(+2 points on Social scale)
States can fund private schools but not parochial schools: Opposes topic 4
2000: Limited public aid to parochial schools is ok: Favors topic 4
Grants to religious organizations ok for family services: Favors topic 4
Paying taxes sufficient to oppose religious tax credits: Strongly Opposes topic 4
Strongly Favors topic 5:
Expand ObamaCare
(-5 points on Economic scale)
Individual mandate is constitutional even with $0 tax: Favors topic 5
Concurred on allowing federal ObamaCare subsidies: Favors topic 5
Uninsured engage in commerce by raising others' premiums: Strongly Favors topic 5
Upheld ObamaCare in Sebelius case, despite recusal concerns: Strongly Favors topic 5
ObamaCare's mandate is constitutional under Commerce Clause: Strongly Favors topic 5
Helped plan legal defense of ObamaCare: Strongly Favors topic 5
Broad Congressional power for commerce, like ObamaCare: Strongly Favors topic 5
Congress did not intend disparate result on generic drugs: Strongly Favors topic 5
No opinion on topic 6:
Privatize Social Security
(0 points on Economic scale)
(No votes on which to base response)
No opinion on topic 7:
Vouchers for school choice
(0 points on Economic scale)
Schools are limited in regulating student off-campus speech: Neutral on topic 7
2009: education services ok in private schools: Favors topic 7
No Child Left Behind law is not an unfunded mandate: Opposes topic 7
Strongly Opposes topic 8:
Fight EPA regulatory over-reach
(+5 points on Social scale)
Congress can empower EPA and executive branch: Strongly Opposes topic 8
Established environmental law program at Harvard: Opposes topic 8
Strongly Opposes topic 9:
Stricter punishment reduces crime
(+5 points on Social scale)
Death penalty is constitutional, but requires due process: Opposes topic 9
Scientific testing requires live testimony in criminal cases: Strongly Opposes topic 9
Delay executions if asked by International Court of Justice: Strongly Opposes topic 9
Opposes topic 10:
Absolute right to gun ownership
(-3 points on Economic scale)
2nd Amendment confers individual right, not broad principle: Opposes topic 10
Opposes topic 11:
Higher taxes on the wealthy
(+2 points on Economic scale)
Company can challenge onerous IRS reporting requirement: Opposes topic 11
Only Congress can allow out-of-state Internet sales tax: Opposes topic 11
States can tax out-of-state earnings, even if taxed there: Favors topic 11
Railroads can sue for tax exemptions on other diesel users: Opposes topic 11
Favors topic 12:
Pathway to citizenship for illegal aliens
(+2 points on Social scale)
DACA protect childhood immigrants from deportation: Strongly Favors topic 12
Recused herself from Arizona immigration case: Neutral on topic 12
Let deported immigrants appeal based on bad legal advice: Favors topic 12
Let deported immigrants appeal based on administrative error: Favors topic 12
No opinion on topic 13:
Support & expand free trade
(0 points on Economic scale)
(No votes on which to base response)
Strongly Favors topic 14:
Support American Exceptionalism
(+5 points on Economic scale)
Apply rule of law to Guantanamo detainees: Strongly Favors topic 14
No opinion on topic 15:
Expand the military
(0 points on Social scale)
Military plays vital role in well-being of the country: Favors topic 15
Oppose Solomon Amendment: let colleges bar ROTC recruiting: Opposes topic 15
Strongly Favors topic 16:
Make voter registration easier
(+5 points on Social scale)
AZ mail-in restrictions violate Voting Rights Act: Strongly Favors topic 16
Allow curbside voting & loosen rules during pandemic: Strongly Favors topic 16
Voting Rights Act still needed to prevent discrimination: Strongly Favors topic 16
I believed in opposing Citizens United, but we lost: Strongly Favors topic 16
Aggressive advocate for campaign finance reform: Strongly Favors topic 16
Public campaign finance can fund based on opponent spending: Strongly Favors topic 16
States cannot sue each other over eased voting rules: Favors topic 16
No opinion on topic 17:
Avoid foreign entanglements
(0 points on Social scale)
(No votes on which to base response)
Strongly Favors topic 18:
Prioritize green energy
(-5 points on Economic scale)
No extensions for refineries' Renewable Fuel Program: Favors topic 18
Let citizens sue for harm caused by global warming: Favors topic 18
Clean Air Act displaced federal common law on CO2 emissions: Strongly Favors topic 18
Strongly Opposes topic 19:
Marijuana is a gateway drug
(+5 points on Social scale)
Individual suspicion required before administering drug test: Strongly Opposes topic 19
Sentencing rules change allows crack sentence reductions: Opposes topic 19
Strongly Favors topic 20:
Stimulus better than market-led recovery
(-5 points on Economic scale)
2009: Argued before Supreme Court favoring Chrysler bailout: Strongly Favors topic 20

Elena Kagan is a Libertarian-Leaning Progressive
(Click for details)


Click here for VoteMatch quiz.


                                                                                                                                                                               
  

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