National American Coptic Assembly says, “A vote to confirm Elena Kagan’s nomination will bring a liberal, pro-Shariah justice to our highest Court.” “And if she is confirmed, she will refuse to recuse herself on any Shariah-related decision but instead will lead the charge to legitimate Shariah law in America.”
Controversy over American President Barack Obama’s Supreme Court nominee Elena Kagan is coming from the most unlikeliest of locations: Egyptian Coptic Christians abroad. They have launched a campaign against Kagan, arguing she supports Islamic law, or Sharia.
BIG PEACE Senators have told themselves they have little evidence on which to evaluate Kagan, because other than her work as Obama’s Solicitor General, she has no judicial experience.
But Kagan has made repeated and very public decisions about a judicial system – Shariah – and Senators should be obligated to take into account those decisions when they vote for her. Her 2003-2009 career as Dean of Harvard Law School is a history of those decisions, and every one of them shows her “deep appreciation” of Shariah law.
Every vote for Kagan is a vote to bring a pro-Shariah view to the Supreme Court. Here are five reasons to vote against Kagan’s nomination:
1. PRO-SHARIA MISSION: With Kagan’s direction, Harvard’s Islamic Legal Studies Program developed a mission statemen dedicated “to promote a deep appreciation of Islamic law as one of the world’s major legal systems.” That mission statement guided her actions and those whom she directed as Dean.
Under Kagan’s direction, her chief staff at the Islamic Legal Studies Program aggressively expanded non-critical studies of Shariah law – fulfilling her mission “to promote a deep appreciation of Islamic law.
2. PRO-SHARIA MONEY: When Saudi Prince Alwaleed bin Talal offered $10 million to New York City’s Rudy Guiliani on October 11, 2001, Guiliani refused to accept it, because the prince insisted that U.S. policies in the middle east were responsible for the 9/11 terrorist attack. Guiliani stated flatly, “There is no moral equivalent for this act.”
But – when Saudi Prince Alwaleed bin Talal offered $20 million to the Islamic Legal Studies Program in December 2005 – Kagan accepted it; after all, the Saudi royal family had funded the program since its inception, to establish the moral and legal equivalency between Shariah law and U.S. Constitutional law. As Newt Gingrich has noted, Harvard Law School currently has three chairs endowed by Saudi Arabia, including one dedicated to the study of Islamic sharia law.
As reported earlier this year, “Kagan is the main reason why the Supreme Court ruled against the 9/11 families” in a suit filed by thousands of 9/11 family members that traced funding for the 19 hijackers to certain Saudi royals, along with banks, corporations and Islamic charities. Kagan, as Obama’s Solicitor General,said in her brief “that the princes are immune from petitioners’ claims” and that the families’ claims that the Saudis helped to finance the plots fell “outside the scope” of the legal parameters for suing foreign governments or leaders.
3. PROMOTING THE MUSLIM BROTHERHOOD AND SHARIA CONSTITUTIONS: In December, 2006, Kagan hired Noah Feldman, architect of Iraq’s Constitution requiring Shariah, as a star faculty member at Harvard Law School. On March 16, 2008, Feldman published his controversial article “Why Shariah” in the New York Times Magazine, which promoted “Islamists” – the Muslim Brotherhood – as a progressive democratic party, and promoted Shariah as a model not just for Muslim-majority countries but for all.
On September 16, 2008, Kagan whole-heartedly endorsed Feldman’s promotion of the Muslim Brotherhood and Shariah by honoring him with the endowed Bemis Chair in International Law. Feldman’s speech on receiving the award was revealing: he advocated for an international, “outward interpretation” of the Constitution that could “require the U.S. to confer rights on citizens of other nations,” and allow for an “experimental Constitution.”
As to the Muslim Brotherhood, the Islamist worldwide political organization that Feldman and Kagan support? Their motto is as revealing as Feldman’s speech: “Allah is our objective. The Prophet is our leader. Qur’an is our law. Jihad is our way. Dying in the way of Allah is our highest hope.”
4. PROMOTING SHARIA IN CONSTITUTIONS WORLDWIDE: On May 1, 2007, Kagan initiated a lecture series on Shariah Law, named for Abd al-Razzaq al-Sanhuri, a legal scholar who had drafted constitutions throughout the Middle East between the 1930s and 1960s. There are literally dozens of legal reformers throughout the Muslim world that she could have chosen; but she chose al-Sanhuri.
Sanhuri’s entire career was dedicated to making sure that the civil and criminal legal codes throughout the Middle East were Shariah-compliant. He drafted the laws that ensured Shariah law took precedence over secular laws.
5. PROMOTING SHARIA IN THE JUDICIAL COUP IN PAKISTAN Kagan consistently used her position at Harvard to promote and legitimate the introduction of Shariah provisions into national constitutions, and indeed into Supreme Courts of other nations. In Pakistan, her influence is having dire consequences.
On November 19, 2008, Elena Kagan presented the Harvard Law School Medal of Freedom to Iftikhar Chaudhry, the controversial Chief Justice of Pakistan. Chaudry had been deposed from his post in 2007 by President General Pervez Musharraf in a complex dispute that included the issue of independence of the judiciary. Musharraf later resigned, and on March 16, 2009, the Prime Minister Gilani re-appointed Chaudhry as Chief Justice.
Kagan’s confirmation is a done deal. God help America.