SCANDAL: Elena Kagan 'Not Sympathetic' Enough To Person Carrying Gun Illegally!

America's finest legal reporters are very busy analyzing Elena Kagan's very important writings over the years. Where does she stand on civil liberties and the entire legality of the "War on Terror," for example? Those are examples of things that aren't important, to be precise. Let's instead focus on what she wrote as a clerk in 1987 about some asshole who was carrying a gun illegally. And no, we're not talking about Orrin Hatch, although maybe.

May 13 (Bloomberg) -- Elena Kagan said as a U.S. Supreme Court law clerk in 1987 that she was “not sympathetic” toward a man who contended that his constitutional rights were violated when he was convicted for carrying an unlicensed pistol.

Kagan, whom President Barack Obama nominated to the high court this week, made the comment to Justice Thurgood Marshall, urging him in a one-paragraph memo to vote against hearing the District of Columbia man’s appeal.

The man’s “sole contention is that the District of Columbia’s firearms statutes violate his constitutional right to ‘keep and bear arms,’” Kagan wrote. “I’m not sympathetic.”

Are you sympathetic to this person who was breaking the law? If not, then you, too are a lesbian. How's your batting stance? 

And sure, eventually the complexion of the Supreme Court reached a point to where, a couple of years ago, five judges felt free to legislate from the bench and shoot down D.C.'s firearms ban. So why didn't Elena Kagan make this radical step when she was a clerk in 1987? Let's keep bickering about these gun-related anecdotes to get a fuller sense of the woman who would be Justice, and who will probably predator-drone all of our asses when confirmed.

[ Bloomberg via Balloon Juice ]