Sen. Mike Johanns today made the following statement announcing his opposition to Elena Kagan to be the next Supreme Court Justice:

“After thoroughly reviewing her record and listening to remarks at her hearing, I have come to the conclusion that I cannot support Ms. Kagan’s nomination. Judges must adhere to the Constitution and must not interpret the law based on an activist, ideological agenda. The court is not a place to create laws, and I am not convinced Ms. Kagan understands this fundamental premise. Her long career as a political advisor and an academic insufficiently prepares her for a lifetime appointment to our nation’s highest court. Not only does she lack experience on the bench, but her record clearly demonstrates a proclivity towards judicial activism.

“Her views and actions on abortion are particularly alarming. As an advisor to the Clinton administration, Ms. Kagan led the fight to keep partial-birth abortion legal. She even went so far as to insert her own personal beliefs in the place of science—extremely disturbing given the horrific nature of partial-birth abortion.

“Ms. Kagan also has a troubling record as Dean of Harvard Law School. I'm disturbed by her decision to actively defy federal law by banning military recruiters from campus during a time of war. Furthermore, I'm concerned about her views on the second amendment. The right to bear arms is a Constitutional right that I take very seriously, and judges must seek to protect it.

“Finally, Ms. Kagan appears to believe the federal government’s power over the individual rights of our citizens is virtually limitless. The Supreme Court Justices must ensure any law Congress creates does not infringe on the Constitutional rights of our country's citizens, not be a rubber stamp for unconstitutional laws that threaten an individual's personal freedoms. For these reasons, I will vote against Ms. Kagan’s nomination to the U.S. Supreme Court.”