Kagan Calls Supreme Court Ruling On Gun Ban 'Binding Precedent,' Offers Few Insights On Own Views
July 5, 2010 by Special To Personal Liberty
Under questioning from her Senate confirmation panel, United States Supreme Court nominee Elena Kagan expressed her acceptance of the highest court’s recent decision to overturn the long-standing Chicago gun ban.
Pressed by Senator Dianne Feinstein (D-Calif.) on Monday’s 5-4 decision, Kagan replied that she considered it to be "a binding precedent," according to media reports.
"Once the court has decided a case, it is binding precedent," the Solicitor General explained. She later specified that Supreme Court rulings become "settled law, entitled to all the weight precedent usually gets," quoted by The New York Times.
Despite this statement, many conservatives have said they do not trust Kagan’s commitment to the Second Amendment rights, and have called on the Senate Judiciary Committee to veto her nomination.
In fact, several Republicans on the committee, such as Senator John Kyl (R-Ariz.), have expressed their concern that she would become an activist judge—prone to legislating from the bench—citing the fact that she clerked for Justice Thurgood Marshall, who was instrumental in the major civil-rights era Supreme Court decisions.