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
California: Newsom Takes One Last Shot at the Second Amendment as Governor

Monday, September 28, 2026

California: Newsom Takes One Last Shot at the Second Amendment as Governor

On Saturday, Governor Gavin Newsom inked his signature to six anti-gun bills, continuing his attack on law-abiding gun owners as he closes his final months as the Governor of California. Since taking office in 2019, ...

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Ban on Firearms Possession by Nonviolent Felons

Thursday, October 1, 2026

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Ban on Firearms Possession by Nonviolent Felons

Today, the National Rifle Association, joined by the Firearms Policy Coalition and Second Amendment Foundation, filed an amicus brief urging the U.S. Supreme Court to hear a challenge to the federal lifetime prohibition on firearms ...

Virginia Gun Shops Brace for the New Jerseyfication of the Commonwealth

News  

Monday, September 28, 2026

Virginia Gun Shops Brace for the New Jerseyfication of the Commonwealth

Jay Jones, the anti-gun but pro-bullets to the head Virginia attorney general, announced on September 15 the creation of the Firearms Accountability & Industry Responsibility (FAIR) Unit within the Civil and Criminal Justice & Public ...

DOJ Calls Time on Minnesota’s Second Amendment Waiting Game

News  

Monday, September 28, 2026

DOJ Calls Time on Minnesota’s Second Amendment Waiting Game

For too long, Minnesota Governor Tim Waltz and his anti-gun allies in the state have treated the exercise of a constitutional right as something subject to government permission and whatever wait is required for the ...

U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

News  

Wednesday, September 23, 2026

U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

On September 17, the Department of Justice’s Office of Legal Counsel (OLC) issued a memorandum opinion to answer the question “whether restricting young adults from buying firearms comports with the Second Amendment as the Supreme ...

Support of Self-Defense for Law-Abiding Citizens Continues to Spread Globally

News  

Monday, September 28, 2026

Support of Self-Defense for Law-Abiding Citizens Continues to Spread Globally

In spite of some countries deciding they cannot trust their own citizens with firearms, other countries seem to be rejecting this policy…at least a bit.  

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

News  

Monday, November 17, 2025

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

Thanksgiving in America isn’t just about food, family and football. According to a survey published by casino.ca (with its Great Thanksgiving Family Feud Map), the holiday typically “comes with a slice of family chaos and a touch of ...

“Law abiding citizens with an AR-15 are not a threat to anyone” — Law Enforcement Groups Weigh in on Supreme Court “Assault Weapons” Cases

News  

Wednesday, September 23, 2026

“Law abiding citizens with an AR-15 are not a threat to anyone” — Law Enforcement Groups Weigh in on Supreme Court “Assault Weapons” Cases

The Trace, the “newsroom” funded by anti-gun extremist Michael Bloomberg, reported in June on the extent to which the NRA-backed NYSRPA v. Bruen case has, to date, rebuilt the modern Second Amendment landscape.

Questions and Answers About the Texas NFA Case

News  

Monday, August 17, 2026

Questions and Answers About the Texas NFA Case

On August 12, we reported on an important development in the ongoing litigation over the National Firearms Act (NFA) filed by multiple plaintiffs in U.S. District Court for the Northern District of Texas. These included, ...

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

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.