Kurt Nimmo
June 11, 2010

Elena Kagan, as long suspected, is shaping up to be the best friend an autocratic state would have on the Supreme Court. She is a strident advocate of coercive — and thus violent — power of the state over the individual.

Documents trickling out of the Clinton Library are beginning to add dimension to Kagan’s political and legal philosophy. For instance, a document from July 29, 1997, reveals Kagan’s opinion the on the power of the state to impose racial preferences on individuals, in particular Title VII of the 1964 Civil Rights Act. The Solicitor General at the time, Walter Dellinger, wrote in a memo to Attorney General Janet Reno that if the Supreme Court ruled the Act does not permit “non-remedial affirmative action… (s)uch a holding would be a disaster for civil rights in employment.” Title VII bans discrimination on the basis of race in the workplace.

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“I think this is exactly the right position — as a legal matter, as a policy matter, and as a political matter,” Kagan wrote in handwritten note on the memo.

In other words, according to Kagan, the state has the power to dictate to employers who they should hire based on racial preference. Kagan believes the “rights” — granted by government — of “traditionally marginalized” groups are more important than the property rights of individuals.

The memo concerned a 1989 case in which the Piscataway, New Jersey, Board of Education chose to eliminate the tenured teaching position of Sharon Taxman, a Caucasian woman, rather than Debra Williams, a Black woman, on the basis of race, under the district’s affirmative action policy. The women had equal seniority and the high school already had a diverse faculty, reports CNSNews.

It is thought Kagan’s comment on the ruling will result in rough sailing during her confirmation hearing. Don’t count on it. Political correctness and the multicultural agenda will likely make the issue a non-starter.

Rand Paul’s principled opposition to aspects of the Civil Rights law resulted in vehement and hateful denunciation and protracted lambasting by the politically correct worshipers of state power in the corporate media. Rand Paul was unfairly and dishonestly portrayed as a racist. To add insult ot injury, Paul was uniformly abandoned by Republicans who claim to support individual rights.

The elite realized a stroke of genius when they decided to use race as a vehicle to push their agenda. It is now nearly impossible to criticize the policies of the government with Barry Obama as the teleprompter-reader-in-chief seat warmer in the White House.

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