Elena Kagan has a long history of hostility to Second Amendment rights. In 1987, as a clerk to Supreme Court Justice Thurgood Marshall, she penned a short memo urging Marshall not to grant cert in the case of a District of Columbia man appealing his arrest, writing that his “sole contention is that the District of Columbia’s firearms statutes violate his constitutional right to ‘keep and bear arms,'” and adding, straightforwardly, “I’m not sympathetic.”
In 1996, in a handwritten note discussing the Volunteer Protection Act, Kagan expressed concern over whether the Act would apply to “bad guy orgs” — the examples she jotted down were the NRA and the KKK, which she apparently filed in the same mental category. It’s hard to remember now that most Democrats have realized gun-grabbing is a political loser, but there was a time not so long ago when this sort of casual, unhinged demonization of all gun owners as tantamount to racist terrorists was not all that uncommon on the left. Kagan claimed the other day that those were “telephone notes” of someone else’s words, and said the KKK-NRA comparison would be “ludicrous.”
Nonetheless, the National Rifle Association announced today that it is unsatisfied with Kagan’s non-answers regarding the Second Amendment in her Senate hearings, which track closely with Sonia Sotomayor’s non-answers. Sotomayor, of course, voted with the “rights are only fundamental if we say they are” wing of the Court in MacDonald v. Chicago. The NRA will score a vote to confirm Kagan as a vote against gun rights.
As for the Klan, it’s not clear whether they’ve taken an official position on Kagan’s nomination, though a few minutes of Googling will reveal that Kagan is unpopular in white nationalist circles for reasons that have nothing to do with her judicial philosophy.