Friday, July 2, 2010

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

Excerpts of Testimony of Dr. Charmaine Yoest – 2 of 2
In pursuit of the truth – Friday, July 2, 2010

b.) Justices must respect precedent, but may overturn it: Cont’d
As then-Chairman Specter stated in Chief Justice Roberts’ hearing, Roe is “the central issue which perhaps concerns most Americans should know whether KAGAN is able to recognize the problems with Roe with its progeny.”

II. Elena KAGAN’s Judicial Philosophy

Elena KAGAN has never been a judge. .. First, in 2006, Kagan called former Israeli Supreme Court Judge Aharon Barak her “Judicial hero.”… Richard Goldstone, a former justice of the Constitutional Court of South Africa… stated, “{Haron Barak} is unashamedly what, in U.S. terms, would be regarded as an ‘activist judge.” Second, KAGAN served as a clerk for two agenda-driven judges: former D.C. Circuit Court Judge Abner Mikva and former Supreme Court Justice Thurgood Marshall. Finally, KAGAN has written admiringly about the agenda-driven Warren Court…

a.) KAGAN’S Judicial Hero: Israeli Judge Ahron Barak:

KAGAN’s “judicial hero,” former Israeli Supreme Court Judge Aharon Barak, has stated that a judge “should adapt the law to life’s changing needs” using “the tools that the law provides (such as interpretation, developing the common law, balancing, and the use of comparative law).” To interpret law, “The judge may give the statute a new meaning, a dynamic meaning, that seeks to bridge the gap between law and life’s changing reality … the court has given {the statute} a new meaning that suits new social needs.”… {Action Item: Reject Elena Kagan via }

Barak’s system of government by the judiciary – which he believes is necessary because “the legislature cannot always keep pace”, is one which our Founding Fathers never embraced and it’s fundamentally undemocratic…

b.) KAGAN’S Mentors: Judge Abner Mikva and Justice Thurgood Marshall:

Following graduation from law school, KAGAN clerked for Judge Abner Mikva on the U.S. Circuit Court for the District of Columbia. During an interview, Mikva stated: “I think that judges tend to be too separate from the political process and the body politic. I support the result of Roe v. Wade. When I was a member of the state legislature, I was introducing proposals to make Illinois law approximate what Roe v. Wade later on did … And then, to my pleasant surprise, the Supreme Court came down with {a decision that} preempted the whole political process.” … There are 17 pages of testimony to the U.S. Senate Committee on the Judiciary by Dr. Yoest. Check Google – “Americans United for Life.”

George H. Kubeck,
4.)KAGAN believes in the supremacy of international law over the constitution. 5.) She is pro-abortion and anti-life. 6.) She believes that the government may ban political pamphlets during an election season. 7.) KAGAN is anti-Second Amendment. 8.) She is pro-Muslim. 8.) She is anti-capitalist and pro-socialist, once writing glowingly of “socialism’s greatness.” 9.) “You will have a court that is much more to the left than we have today.” Robert Bork

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