The media is fond of portraying any judicial candidate as “moderate” when nominated by a Democrat, yet always apply the “[very] conservative” label to any nominee from a Republican president. But as Brent Bozell correctly points out, “…before Sotomayor voted with the gun-controllers in the Chicago gun-rights case; before Sotomayor voted for allowing public universities to deny recognition to Christian student groups who dare to oppose homosexuality; and before Sotomayor voted as part of a 6-3 minority that it shouldn’t be illegal to provide material support to groups defined by our government as foreign terrorists,” Sotomayor was advertised as having a “pretty conservative record” by NPR, CBS anchor Katie Couric said labeling her “won’t be easy,” and CBS reporter Wyatt Andrews found “no clear ideology” in her record. Yet, she consistently voted in her short time on the High Court as a radical. Why should the public believe anything the Big Media has to say about Elena Kagan?

“When the hearings began, ranking Republican Sen. Jeff Sessions offered a devastating opening statement documenting Kagan’s extreme liberalism. He ran through her college thesis on socialism that worried about socialism’s demise, and her master’s thesis praising the activism of the Earl Warren Court . He noted how she worked for the Michael Dukakis for President campaign, and took a leave as a law school professor to help Joe Biden get liberal Justice Ruth Ginsburg confirmed.”

The press may call Kagan’s views “elusive” and that Obama has not chosen “outspoken liberals” for the court, but those stubborn things called facts say otherwise - if the media were interested in facts. Instead, the establishment media focuses on the most irrelevant and trivial aspects of Kagan’s life in an attempt to throw attention off substantive issues.

Putting aside her hostility toward the military and her pro-partial-birth abortion stance, there can be no doubt Kagan would be a judicial activist with little if any respect for the Constitution, much like Sotomayor. But unlike Sotomayor, she has no judicial experience worth mentioning and on that basis alone should not be confirmed. If Harriet Miers was forced to withdraw due to inexperience, then so should Kagan.

Judicial activists who seek to greatly restrict or abolish cherished liberties while giving the government free reign to expand its powers over the people are not “moderate” in any meaningful way. Unfortunately these confirmation hearings will probably end as a victory for the statist, as Elena Kagan will in all likelihood be confirmed.