Public opposition to Kagan’s radical green views fuels near-historic low approval ratings

Tuesday, July 20, 2010
Contact: Donny Ferguson, or 703-200-3669

Public opposition to Kagan’s radical green views fuels near-historic low approval ratings
Polling data show Kagan’s support mirrors that of SCOTUS flop Harriet Miers

WASHINGTON — Public support for Supreme Court nominee Elena Kagan is among the lowest ever recorded for a potential justice, a disturbing lack of faith fueled by national opposition to President Barack Obama’s radical green policies, the nation’s largest grassroots opponent of environmental extremism noted Tuesday.

“With economic recovery long overdue and delayed by Obama’s radical policies, Americans do not want an activist like Kagan on the Court whose job is to enforce the ‘green’ belief that American prosperity is a threat that needs to be eliminated,” said Donny Ferguson, Executive Director of Western Tradition Partnership.

The Senate Judiciary Committee approved Kagan’s nomination Tuesday by a 13-6 vote, with “cap and trade” advocate Sen. Lindsey Graham (R-SC) joining the panel’s Democrats.

A Gallup poll released July 15 shows public support for Kagan’s nomination stands at just 44 percent.  Only Robert Bork (38 percent) and Harriet Miers (42 percent) recorded lower approval than Kagan.  Bork’s nomination was defeated and Miers’ was withdrawn.  Gallup cites historical ratings showing public support for a Supreme Court nominee virtually never increases, but opposition usually grows.

“It’s no coincidence Harriet Miers and Elena Kagan are identical twins when it comes to approval ratings.  One was an unqualified presidential crony whose only purpose on the Court would have been to enforce the president’s personal views.  The other was Harriet Miers,” said Ferguson.  “Elena Kagan is being sent to the Supreme Court with marching orders.  ‘Use your lifetime appointment to impose a job-killing Cap and Tax system, give the EPA unquestioned authority and kill any constitutional challenges to radical green authority.’”

“Americans know the radical green agenda calls for the downsizing of American prosperity and our standard of living and they’re angry Obama is actively working to make a bad economy even worse.  Americans aren’t supporting Obama’s pick because they know her job is to eliminate theirs,” said Ferguson.

As president of Harvard University, Kagan created the school’s “environmental law” program.  “She left a nationally visible mark on environmental law at Harvard,” Jim Rossi, a visiting environmental law professor at Harvard, told The New York Times upon her Solicitor General nomination last year. “For many years, Harvard was not known for a primary expertise in the environmental jurisprudence, and that changed under Dean Kagan’s watch.”

The Times reported “expanding regulatory enforcement of wetlands under the Clean Water Act and broadening the applicability of the Endangered Species Act to include the effects of climate change” may be at the top of her agenda.

“Under Kagan, we are likely to see the government take a less hostile approach to environmental enforcement,” a jubilant Matt Kenna of the Western Environmental Center told the Times. 

“If confirmed, Kagan would be the first successful nominee in recent years whose nomination was backed by less than a majority of Americans in the final poll before the Senate confirmation vote (or, in the case of Harriet Miers, before her nomination was withdrawn),” Gallup notes.

Supported by grassroots members, WTP is a fast-growing, grassroots-supported non-profit organization dedicated to fighting environmental extremism and promoting responsible development and management of land, water, and natural resources.  The citizens’ group educates the public and lobbies legislators on issues of environmental extremism and promoting responsible development and management of land, water, and natural resources.

For more information, go to  For more information on this issue, or to schedule an interview, contact Donny Ferguson at 703-200-3669 or at

Link to Gallup poll:

#  #  #