U.S. Senate Candidate Mike Lee Opposes Kagan

Citing Kagan’s views and actions, Lee expresses significant concerns regarding Obama appointee.

Alpine, Utah, May 13, 2010 — U.S. Senate Candidate Mike Lee has come out as an early opponent of President Obama’s decision to nominate his Solicitor General, Elena Kagan, to fill the Supreme Court seat of retiring Justice John Paul Stevens. Kagan has drawn fire early in the nomination process based on the fact that, while serving as dean of Harvard Law School, she prohibited military recruiters from conducting on-campus interviews at Harvard. She has also been criticized based on her lack of judicial experience, limited litigation experience, surprisingly short paper trail (despite having spent most of her career in academia, she has published only six law review articles), and apparent lack of respect for the First Amendment (as Solicitor General, she signed her name to a brief in United States v. Stevens [2010] making the disturbing argument that “[w]hether a given category of speech enjoys First Amendment protection depends upon a categorical balancing of the value of the speech against its societal costs”).

Mike Lee stated: “Kagan’s decision to exclude military recruiters from the Harvard campus — especially at a time when our military is fighting overseas — gives me great pause in considering her for a lifetime appointment to the highest court in the land. Her lack of judicial experience,” Lee continued, “makes it difficult to ascertain how faithful she might be in independently and impartially deciding cases that will come before her. And although many have served on the Supreme Court without prior judicial service, Kagan’s professional track record falls short of establishing that she would consistently respect the text and original understanding of the Constitution.”

Lee added: “The Senate cannot simply be a rubber stamp for President Obama’s nominees; otherwise, those nominees will become a rubber stamp for whatever course of action the Obama administration decides to pursue.”

True conservatives across the country are beginning to mount their opposition to Kagan’s nomination. While recognizing that, if elected, he will not be in office until after Kagan’s confirmation proceedings have concluded, Lee noted that “having clerked and litigated at all three levels of the federal judiciary, I have become quite effective at sniffing out activist judges. I would love to lend my experience and insight to the Senate.”

Mike Lee continues to campaign around the State of Utah, driving toward the June 22nd primary, when the Republican nominee will be chosen.

About Mike Lee: An attorney from Alpine, Utah, Mike has spent his career helping individuals and organizations get overreaching government regulations and control out of their lives and businesses. A lifetime student of the Constitution, he graduated from the Brigham Young University Law School. Mike served as a law clerk to Judge Dee Benson of the U.S. District Court for the District of Utah and later spent time as General Counsel to Governor Jon Huntsman. Mike has twice served as a law clerk to current Supreme Court Justice Samuel Alito. He first clerked for the solidly conservative jurist at the U.S. Court of Appeals for the Third Circuit, then was asked to return as a clerk during Justice Alito’s important first year on the bench of the U.S. Supreme Court. Mike has also held positions in private practice, and is currently a partner with the Washington, D.C.-based law firm of Howrey LLP. His understanding of the Constitution and law have made him a valuable resource for individuals and organizations throughout the country.

###

---

Copyright 2010. All rights reserved by Candace E. Salima.