[Congressional Record Volume 156, Number 94 (Tuesday, June 22, 2010)]
[Senate]
[Pages S5257-S5258]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                            KAGAN NOMINATION

  Mr. BARRASSO. Mr. President, I just returned from spending a weekend 
in Wyoming talking to many people around the Cowboy State who are 
concerned about our Nation, concerned about the growing debt, concerned 
about jobs and the economy, and the concern that Washington has taken 
our eye off the ball.
  They also have considerable concerns and questions specifically about 
the nominee to the Supreme Court, Elena Kagan. I heard this when I was 
in Thermopolis, WY; when I was in Sheridan; when I was in Casper.
  So what I want to do is spend a few minutes discussing and 
questioning the views on the second amendment of Elena Kagan. The 
second amendment in Wyoming, as you know, is nothing we take for 
granted. It is something we hold very dear. We do not take it for 
granted because our lives depend upon it.
  The second amendment allows us to defend ourselves from harm. It also 
puts food on our tables. These are the values and the virtues that make 
this issue so important to Wyoming. I understand next week Ms. Kagan's 
hearings will begin. It is my hope we will have a clear picture of 
where she stands on the right to keep and to bear arms.
  The window into her views is small. I hope the hearing will open that 
window wider for the American people. Her clerkship to Justice Thurgood 
Marshall and the documents connected to her time in the Clinton White 
House only crack that window a little bit. I want to hear from her.
  I want to hear why Ms. Kagan recommended to throw out the Sandidge v. 
the United States case from the Supreme Court. This is a case that 
involved an individual charged with possession of a handgun and 
ammunition in the District of Columbia.
  In a one-paragraph recommendation to Justice Marshall, Ms. Kagan 
wrote:

       The petitioner's sole contention is that the District of 
     Columbia's firearms statutes violate his constitutional right 
     to keep and bear arms.

  She went on to write:

       I am not sympathetic.

  I want to know why she was not sympathetic to Mr. Sandidge. The 
second amendment explicitly says:

       A well regulated militia, being necessary to the security 
     of a free state, the right of the people to keep and bear 
     arms, shall not be infringed.

  Well, as we know today, the DC gun ban, the law, was clearly 
unconstitutional. The individual right to keep and bear arms has been 
affirmed by the Heller case. Mr. Sandidge's rights were violated. Ms. 
Kagan had the opportunity to recommend that the Court hear the case, 
but she did not recommend it.
  Was this recommendation a legal opinion or was it a political 
opinion? The second amendment is pretty clear: The right of the people 
to keep and bear arms shall not be infringed.
  During the Clinton administration, Ms. Kagan served as associate 
White House counsel. The role of the White House counsel's office is to 
provide the President with the best legal advice possible. This is not 
a political office.
  According to a 1996 memorandum released by the Clinton Library, Ms. 
Kagan raised concerns that certain organizations would be exempted from 
liability under the Volunteer Protection Act. This legislation was 
aimed at providing protections to volunteers, to nonprofit 
organizations and governmental entities in lawsuits based on the 
activities of volunteers.
  In a memorandum she wrote, she branded some of these organizations as 
``bad guy orgs.'' I assume that is bad guy organizations. The bad guy 
organizations she was referring to she listed as the Ku Klux Klan and 
the National Rifle Association. So in her capacity as counsel to the 
President, I want to know why she was concerned that the NRA, the 
National Rifle Association, would be covered in the Volunteer 
Protection Act. I want to know why she grouped a violent racist hate 
organization with the NRA. The NRA, the national organization and 
chapters around the country, is very active in Wyoming. It teaches 
firearm safety. It advocates for second amendment rights. Again, this 
gets to the question of whether Ms. Kagan is able to separate politics 
from policy.
  We have seen Ms. Kagan's resume. Now we need to hear from her. Next 
week I look forward to hearing her testimony. I also look forward to 
meeting with Ms. Kagan to discuss these issues

[[Page S5258]]

and the importance of the second amendment.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Iowa is recognized.
  Mr. GRASSLEY. How much time remains on this side?
  The PRESIDING OFFICER. There is 15 minutes 13 seconds.
  Mr. GRASSLEY. I thank the Chair.

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