Dear Fellow Conservative,

Should Supreme Court justices base decisions on empathy or sympathy rather than the relevant facts and laws?
Should justices interpret the Constitution of the United States to fit their personal preferences?
These are among the important questions to consider as the Senate prepares hearings onElena Kagan’s nomination to a lifetime seat on theSupreme Court.
The left has a long history of using the courts to advance their agenda. In just the past decade, liberals on the Supreme Court argued that:
- There is no individual right to bear arms;
- The government can limit free speech by individuals and groups in political debates, while “virtual child pornography” remains protected;
- Private property can be seized by the government for use by private developers; and
- “Evolving standards of decency” change the meaning of the Constitution and allow judges to limit law enforcement.
These radical leftist arguments need to be exposed as inconsistent with an original understanding of the Constitution. Our highest law is not an empty vessel to serve the cause of ever-larger government. Yet many on the left believe there is a fundamental “right to health care” — and the Supreme Court could hear a challenge to Obamacare.
Fortunately, there’s an alternative to the liberal march. The Heritage Foundation — America’s leading conservative public policy organization — is vigorously combating the left’s judicial agenda. We’re working to educate lawmakers and candidates on the meaning of the Constitution and the role of judges so we can help shape the debate. We’re refuting the left in the media and in communities nationwide. And we’re getting the text of the Constitution into the hands of millions of Americans.
As we develop our plans to fight judicial activism and defend the timeless principles of the Constitution, we need the input of aware citizens on these and other important issues. We need to know what matters to grassroots conservatives like you. We want to know what you think of Elena Kagan’s nomination and what you believe should be a judge’s highest priorities.
Though conservatives have reason for optimism in 2010, we have a hard fight ahead of us. The left is still powerful. They still hold the White House and a majority in Congress and they will continue to advance their radical agenda. And with their position threatened in the polls, they may try to ram through even more of their agenda in 2010.
Thank you for your dedication to the conservative cause.
Sincerely,  Edwin J. Feulner, Ph.D. President The Heritage Foundation
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