Excerpts of Testimony of Dr. Charmaine Yoest - 1 of 2

Excerpts of Testimony of Dr. Charmaine Yoest - 1 of 2
In pursuit of the truth – www.cinopsbegone.com – Wednesday, June 30th, 2010

She is President and CEO of Americans United for Life. This is the testimony before the United States Senate Committee on the Judiciary on the Nomination of ELENA KAGAN to the U.S. Supreme Court.

I am here to express AUL’s opposition to the nomination of Solicitor General ELENA KAGAN to the U.S. Supreme Court. Based on our research, we believe that Solicitor General KAGAN will be an AGENDA-DRIVEN JUDGE on the court, and she will strongly oppose even the most widely-accepted protections for the unborn human life. .. A nominee’s judicial philosophy goes to the heart of his or her qualifications to serve to serve on the U.S. Supreme Court. Second, we believe that … Solicitor General KAGAN’s agenda-driven judicial philosophy makes her unqualified to serve on the Court. Third, Solicitor General KAGAN has an extensive record that demonstrates her hostility to regulations of abortion and any protections for the unborn…

a.) The role of the Justice is not to make policy:

Supreme Court justices should exercise restraint by applying our laws, not directing policy, or pursuing their own agendas… Agenda-driven judging entails deciding cases based on one’s own political and social ideology rather than the Constitution… As Justice Thurgood Marshall (an ardent and unabashed agenda-driven judge and one of KAGAN’S mentors) described his judicial philosophy, “You do what you think is right and let the law catch up.”That philosophy is simply lawlessness, substituting one’s personal preferences for a written rule of law… Recent polling data confirms that Americans want judges who follow the law and are not driven by their own agendas… (Agreement: 87% Total, 84% of Democrats, 86% of Independents, 92% of Republicans, 80% of liberals, 85% of moderates, 91% of conservatives).

b.) Justices must respect precedent, but may overturn it.

Supreme Court Justices must have a respect for prior Supreme Court decisions, but also recognize that following precedent is “not an inexorable command.”… Under the principles of stare decisis, Roe is a prime example of precedent on shaky ground… Third, the purported justification of Roe, flimsy as they were, have dramatically eroded with further in-depth scientific information about when life begins and prenatal development, as well as public health data showing the substantial and negative physical and psychological impact of abortion on women…

George H. Kubeck

American Family Association: ‘Obama’s Court picks Kagan a dangerous judicial activist’, 6/ 25, contact@afa.net 1.) She agrees with former Justice Thurgood Marshall that the Constitution given to us by the Framers was defective and that it contained outdated notions of liberty, justice and equality.2.) Her judicial hero is former Israeli justice Aharon Barack, who said a judge “may give a statute a new meaning…{t}he statute remains as it was, but its meaning changes, because the court has given it a new meaning that suits new social needs.” 3.) She is anti-military and pro-homosexual… she kicked military recruiters off campus, in defiance of a federal law...