Explore The NRA Universe Of Websites

APPEARS IN News

NRA Opposed To Kagan Nomination To U.S. Supreme Court

Wednesday, June 30, 2010

Joint Statement by Wayne LaPierre, NRA Executive Vice President & CEO,
and Chris Cox, Executive Director of NRA’s Institute for Legislative Action

There may be no vote a United States Senator casts that is more important than a vote to confirm a nominee to the U.S. Supreme Court.  Now that the Court has clearly stated that the Second Amendment is a fundamental, individual right that applies to all law-abiding Americans, NRA members and gun owners expect a nominee to the Court to fully support, defend and preserve that freedom.

We have carefully examined the career, written documents and public statements of nominee Elena Kagan and have found nothing to indicate any support for the Second Amendment.  On the contrary, the facts reveal a nominee who opposes Second Amendment rights and is clearly out of step with mainstream Americans.

Therefore, the NRA is strongly opposed to Kagan’s confirmation to the Court.

In testimony before the Senate Judiciary Committee, she refused to declare support for the Second Amendment, saying only that the matter was “settled law.”

This was eerily similar to the scripted testimony of Justice Sonia Sotomayor last year, prior to her confirmation to the Court.  When pressed on the Second Amendment then, Sotomayor also referred to the issue as “settled law.”

But in the recently decided case of McDonald v. City of Chicago, Sotomayor ignored the “settled law” of the Heller decision and signed a dissenting opinion that declared, “I can find nothing in the Second Amendment’s text, history, or underlying rationale that could warrant characterizing it as ‘fundamental’ insofar as it seeks to protect the keeping and bearing of arms for private self-defense purposes.”

It has become obvious that “settled law” is the scripted code of an anti-gun nominee’s confirmation effort.  The NRA is not fooled.  No member of the U.S. Senate should be either.

With no judicial record, only Kagan’s political career can be reviewed.  And this provides no reason to trust her with Americans’ firearms freedom.  Throughout her career, she has repeatedly demonstrated a clear hostility to the fundamental, individual right to keep and bear arms under the U.S. Constitution.

As a clerk for Justice Thurgood Marshall, Kagan said she was “not sympathetic” to a challenge to Washington, DC’s ban on firearms.  As a domestic policy advisor in the Clinton White House, a colleague described her as “immersed” in Clinton’s aggressive assaults on the Second Amendment.  She was involved in Clinton’s scheme to ban more than 50 types of commonly-owned semiautomatic firearms – an effort described as “…taking the law and bending it as far as we can to capture a whole new class of guns.”

As U.S. Solicitor General, Kagan chose not to file a brief last year in the landmark McDonald case, thus taking the position that incorporating the Second Amendment and applying it to the states was of no interest to the Obama Administration or the federal government.

These are not the positions of a person who supports the Second Amendment and, in fact, represent a clear and present danger to the right to keep and bear arms.

Kagan’s record clearly reveals that she does not believe that the Second Amendment guarantees a fundamental right.  In her recent testimony, she refused to acknowledge respect for the God-given right of self-defense.

She should not serve on any court, let alone be confirmed to a lifetime seat on the highest court in the land.

The NRA is strongly opposed to the confirmation of Elena Kagan to the U.S. Supreme Court.  This vote matters and will be a part of future candidate evaluations. 

Read NRA's letter of opposition to Solicitor General Elena Kagan's confirmation to the U.S. Supreme Court
http://www.nraila.org/media/PDFs/Kagan.pdf

TRENDING NOW
Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Thursday, January 8, 2026

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Anti-gun legislators in Richmond have been busy ahead of the 2026 legislative session working on ways to burden your Second Amendment rights.

North Carolina: Update on Permitless Carry

Tuesday, December 16, 2025

North Carolina: Update on Permitless Carry

In September, the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

Ninth Circuit Panel Rules California’s Open Carry Ban is Unconstitutional

Monday, January 5, 2026

Ninth Circuit Panel Rules California’s Open Carry Ban is Unconstitutional

On Friday, Jan. 3, a divided three judge panel of the U.S. Court of Appeals for the Ninth Circuit held that California’s ban on open carry in counties with a population of greater than 200,000 ...

2025 Litigation Update

Wednesday, December 31, 2025

2025 Litigation Update

In 2025, the National Rifle Association defeated New Mexico’s 7-day waiting period for firearm purchases, the ATF’s “engaged in the business” rule, the ATF’s “pistol brace” rule, a lawsuit seeking to ban lead ammunition in ...

Pro-2A Journalist Awarded in New Jersey: Further Proof the Garden State is Savable?

News  

Monday, January 5, 2026

Pro-2A Journalist Awarded in New Jersey: Further Proof the Garden State is Savable?

It’s rare to see journalists write accurate articles about the Second Amendment and the right to self-defense, and even more rare to see them receive accolades from their mainstream peers for such articles.  

More Anti-Gun “Trajectories” and “Experiments” on the Horizon in Illinois for 2026

News  

Monday, January 5, 2026

More Anti-Gun “Trajectories” and “Experiments” on the Horizon in Illinois for 2026

As a new year begins, a timeless new year resolution remains: Work hard to ensure your state does not become like Illinois. As multiple firearm-related news outlets revisit the highs and lows of 2025, it ...

NRA Files Another Lawsuit Challenging the National Firearms Act

Thursday, October 9, 2025

NRA Files Another Lawsuit Challenging the National Firearms Act

Today, the National Rifle Association—along with the American Suppressor Association, Firearms Policy Coalition, and Second Amendment Foundation—announced the filing of another lawsuit challenging the constitutionality of the National Firearms Act of 1934 (NFA).

California: Committee to Reconsider Concealed Carry License Extension Bill

Friday, January 9, 2026

California: Committee to Reconsider Concealed Carry License Extension Bill

On Tuesday, January 13th, the Assembly Committee on Public Safety will reconsider Assembly Bill 1092, legislation that extends the validity period of Carry Concealed Weapons (CCW) licenses, for a vote only; no public testimony will ...

Sole Remaining Municipal Gun-Industry Lawsuit Grinds to Final Defeat

News  

Tuesday, January 6, 2026

Sole Remaining Municipal Gun-Industry Lawsuit Grinds to Final Defeat

In 1999, when the rest of the country was fretting over the potential Y2K disruption of worldwide computer systems, the City of Gary, Indiana launched its lawsuit against handgun manufacturers, retailers and a wholesaler, raising ...

DOJ Defends Federal Firearms Registration in NRA Challenge to the NFA

Thursday, December 18, 2025

DOJ Defends Federal Firearms Registration in NRA Challenge to the NFA

In the NRA’s case, Brown v. ATF, the Department of Justice filed its opposition to the plaintiffs’ motion for summary judgment, along with its own cross-motion, defending the National Firearms Act of 1934’s registration requirement for suppressors, short-barreled ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.