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Elena Kagan on VoteMatch



VoteMatch Responses
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VoteMatch Question & Answer
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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
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Other Justices' VoteMatch: Elena Kagan on the issues:
Samuel Alito
Amy Coney Barrett
Stephen Breyer
Neil Gorsuch
Ketanji Brown Jackson(nominated 2022)
Elena Kagan
Brett Kavanaugh
John Roberts
Sonia Sotomayor
Clarence Thomas

Former Justices:
Merrick Garland(nominated 2016)
Ruth Bader Ginsburg(deceasd 2020)
Anthony Kennedy(retired 2018)
Sandra Day O'Connor
William Rehnquist
Antonin Scalia
David Souter
John Paul Stevens

Party Platforms:
Democratic Platform
Green Platform
Libertarian Platform
Natural Law Platform
Reform Platform
Republican Platform
Tea Platform

About Elena Kagan:
Civil Rights
Foreign Policy
Free Trade
Govt. Reform
Gun Control
Health Care
School Choice
Social Security
Tax Reform
War & Peace

Page last updated: Mar 21, 2022