As Solicitor General, Kagan cheered when Obama seized a national “crisis” to pass unrelated legislation whose goal is to create an effective right to health care. She has not recused herself from the subsequent Obamacare case, as she has from today’s suit over Arizona’s immigration law, in which her “skillful lawyering” played an important role.
Breitbart News has discovered previously unknown handwritten notes from Elena Kagan to radical professor Derrick Bell, sent to Bell as Kagan worked on his seminal 1985 article on Critical Race Theory in the Harvard Law Review (99 Harv. L. Rev. 4).
The notes, which were not among materials presented to the Senate during Justice Kagan’s confirmation hearings, are preserved among Bell’s papers at the New York University archives.
Kagan’s work on Bell’s article was revealed in 2010 by Harvard Law School professor Charles Ogletree, after President Barack Obama nominated her to the Supreme Court. Ogletree cited her “phenomenal edits” on Bell’s “classic” article.
Bell’s article, “The Civil Rights Chronicles,” combined exposition and fiction to argue that the Constitution was–and remains–tainted by white supremacy, and that the United States awaited “a common crisis that will overcome racism” through radical constitutional reform.
Unlike then-Harvard Law Review president Carol Steiker, who corresponded with Bell via typed letter (apparently on a 1980s-vintage dot matrix printer), Kagan chose to write to Bell exclusively on yellow notepad paper. She did not explain her choice to write by hand, save to suggest in one note on Aug. 30, 1985 that she was pressed for time.