Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Statement on Elena Kagan's Confirmation to the U.S. Supreme Court

Friday, August 6, 2010

Wayne LaPierre, Executive Vice President, National Rifle Association &
Chris W. Cox, Executive Director, National Rifle Association-Institute for Legislative Action

 

On Thursday, August 05, 2010, the U.S. Senate confirmed Elena Kagan to the highest Court in the land.  To NRA members and gun owners nationwide, Ms. Kagan presents a clear and present danger to the Right to Keep and Bear Arms.  Her political record reveals that she does not believe the Second Amendment guarantees a fundamental right and, in her recent testimony, she refused to acknowledge respect for the God-given right of self-defense.  That is why, more than a month ago, the NRA announced its strong opposition to Elena Kagan's confirmation to the Court.  In that announcement, it was made very clear that this vote matters and will be considered in the NRA's candidate evaluations.

The U.S. Supreme Court has affirmed that the Second Amendment guarantees a fundamental, individual right that applies to all law-abiding Americans.  Nonetheless, during the hearings Ms. Kagan refused to state her support for the Second Amendment, saying only that the matter was "settled law."  When asked about the Heller decision, Justice Sonia Sotomayor used the phrase "settled law" repeatedly during her confirmation hearings to win support.  Justice Sotomayor then worked to destroy the Second Amendment in the McDonald case.  We have no doubt that Ms. Kagan shares the same view of the Second Amendment.

Since she has no judicial record, we have only her political record to examine.  And that political record demonstrates a clear hostility to our Right to Keep and Bear Arms.  As a clerk for Justice Thurgood Marshall, Ms. Kagan said she was "not sympathetic" to a challenge to Washington, D.C.'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.  As U.S. Solicitor General, Ms. 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.

The expansive support that self-defense laws, the decisions in the historic Heller and McDonald cases, and the Second Amendment enjoy from the American public is a clear indication that Elena Kagan's radical views are out of the mainstream.  Any nominee, that far out-of-step with the American people, should not be on the Supreme Court.

The nomination and confirmation of two justices with an inherent bias against the Second Amendment is a direct assault on our treasured freedom.  The fate of our Second Amendment hangs perilously -- by one vote.  The need for eternal vigilance on the part of every American has never been greater.

TRENDING NOW
Report Provides Context on “Machinegun-Convertible Pistol” Panic

News  

Monday, June 8, 2026

Report Provides Context on “Machinegun-Convertible Pistol” Panic

Anti-gun lawmakers and their gun control allies exploit menacing language to bolster their arguments against lawful arms: ordinary semi-automatic rifles and pistols become “weapons of war” and “assault weapons;” “large capacity magazines” actually refers to ...

Virginia: Court Reiterates Injunction on Private Sale Ban, as Anti-Gun Lawmakers Mislead Public

News  

Monday, June 8, 2026

Virginia: Court Reiterates Injunction on Private Sale Ban, as Anti-Gun Lawmakers Mislead Public

Last October, a judge in the Circuit Court for the City of Richmond ruled in the case Raul Wilson, Wyatt Lowman, Virginia Citizens Defense League, Gun Owners of America, Inc, and Gun Owners Foundation v. ...

HOA Firearm Clash Augurs a Broader Legal Debate

News  

Monday, June 1, 2026

HOA Firearm Clash Augurs a Broader Legal Debate

The fight to defend Second Amendment rights is not confined to Washington, D.C., or even to the halls of state capitals.

Virginia’s Semiauto Ban Hits Snag With County Enforcement Officials

News  

Monday, June 1, 2026

Virginia’s Semiauto Ban Hits Snag With County Enforcement Officials

While Virginia’s bans on “assault firearms” and magazines capable of holding more than 15 rounds was signed into law on May 14, and is scheduled to go into effect on July 1, it remains to be seen ...

New York:  Gov. Kathy Hochul Signs Gun Ban in State Budget Process

Wednesday, May 27, 2026

New York: Gov. Kathy Hochul Signs Gun Ban in State Budget Process

On Wednesday, May 27, Gov. Kathy Hochul signed S.9005C, which “enacts into law major components” of the state’s public protection and general government budget.

Florida Attorney General, Law Enforcement Commissioner, and State Attorneys Agree Florida’s Waiting Period Law Violates the Second Amendment in NRA Challenge

Friday, June 5, 2026

Florida Attorney General, Law Enforcement Commissioner, and State Attorneys Agree Florida’s Waiting Period Law Violates the Second Amendment in NRA Challenge

Today, the parties in the National Rifle Association’s challenge to Florida’s firearm waiting period law jointly filed an Offer of Judgment asking the U.S. District Court for the Middle District of Florida to declare the ...

Pennsylvania: House Majority Democrats Pushing More Gun Control Next Week

Saturday, June 6, 2026

Pennsylvania: House Majority Democrats Pushing More Gun Control Next Week

On Monday, June 8, the House Judiciary Committee will hear a bill that will force Keystone gun owners to keep their guns under lock and key or face the consequences. 

NRA Files Lawsuit Challenging Maryland’s Glock Ban

Wednesday, May 27, 2026

NRA Files Lawsuit Challenging Maryland’s Glock Ban

The National Rifle Association, Firearms Policy Coalition, and Second Amendment Foundation filed a lawsuit yesterday challenging Maryland’s ban on Glock and Glock-style handguns.

NRA Files Lawsuit Challenging Post Office Carry Ban

Tuesday, May 26, 2026

NRA Files Lawsuit Challenging Post Office Carry Ban

The National Rifle Association, Gun Owners of America, Gun Owners Foundation, and three NRA members today filed a lawsuit challenging the federal prohibition on carrying firearms at United States Post Offices.

New York: Waiting Period Bill Passes Senate, Heads to Assembly

Thursday, June 4, 2026

New York: Waiting Period Bill Passes Senate, Heads to Assembly

On Wednesday, June 3, the New York Senate passed S.9883A, which creates a three-day waiting period on the transfer of all pistols, shotguns and rifles. 

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.