Elena Kagan – Like Sotomayer, We Can Do Better

In 1997, Kagan urged Clinton to support a ban on late-term abortions, which are extremely rare and used only when the live of the mother is at stake.

Now there is news that Kagan helped shield Saudis from 9/11 lawsuits.

The suits were filed by thousands of family members and others affected by the Sept. 11 attacks. In court papers, they provided evidence that members of the Saudi royal family had channeled millions to al Qaeda prior to the bombings, often in contravention of direct guidance from the United States.

But Kagan, acting as President Obama’s Solicitor General, argued that the case should not be heard even if evidence proved that the Saudis helped underwrite al Qaeda, because it would interfere with US foreign policy with the oil-rich nation. She posited “that the princes are immune from petitioners’ claims” because of “the potentially significant foreign relations consequences of subjecting another sovereign state to suit.”

Sen. Arlen Specter (D-PA) and Sen. Lindsey Graham (R-SC) offered a proposal to amend the Foreign Sovereign Immunities Act, which Kagan cited as one reason the Saudi case should not be heard. Both senators said that US citizens should be able to sue foreign governments if they are found to be supporting terrorist activity.

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It’s hard to get enthusiastic about anything our government does. Mediocrity prevails.