The Senate opened Supreme Court confirmation hearings for Elena Kagan Monday. No grilling of Kagan should even begin until Tuesday though. The first day of these hearings could be spent by members of the Senate Judiciary Committee making their own statements. Remarks that are in favor or opposed to President’ Obama’s nomination of Elena Kagan are expected to be traditional arguments that fall along party lines.
Elena Kagan’s not a judge
Elena Kagan is Obama’s choice to replace retiring Supreme Court Justice John Paul Stevens. She has been serving as the administration’s solicitor general, the person charged with arguing the administration’s point of view in all of the cases that go before the Supreme Court. Kagan has no experience as a judge. Nevertheless, several of these justices have become members of the Supreme Court without having served as judges, including previous chief justice William Rehnquist.
The Republican opposition of Elena Kagan
Some analysts have believe that Kagan’s lack of judicial experience gives Republicans no record of decisions to use against her. But Voice of America reports that one of the few straws the Republicans have to grasp is asking Kagan about her tenure as dean of Harvard University Law School in Massachusetts, and in particular her decision to bar military recruiters on campus because of the U.S. military policy of barring gays from openly serving in the armed forces.
Script has to be followed in Senate Judiciary committee hearings
When Kagan sat down before the Senate Judiciary Committee on Monday, senators stuck to the script. The Associated Press provides a convenient summary of what to expect from both sides of the aisle. Alabama Sen. Jeff Sessions sought to incriminate Kagan with her college thesis on socialism, which he said “seems to bemoan socialism’s demise.” Iowa Republican Chuck Grassley said she’d been a “political lawyer.” Arizona Republican Jon Kyl complained about her choice of judicial heroes. Utah Republican Orrin Hatch asked if she would be controlled by the Constitution or try to control it.
Democratic counterpunches by Kagan
Kagan watched the show as Democrats sought to block Republican punches. Patrick Leahy of Vermont called her legal credentials “unassailable.” California’s Dianne Feinstein called her lack of experience as a judge very “refreshing.” Russell Feingold of Wisconsin spoke of her “thoughtfulness and openness.” Charles Schumer said her “brilliant” record was very clear and complete, declaring: “The only thing as far as I can tell that we do not have is her kindergarten report card.”
Kagan filibuster is a last resort
Before Kagan speaks, each of the committee’s 19 members will spout their party’s line. As outlined by USA Today, the Democratic majority within the Senate, 58 votes to 41, makes Kagan’s confirmation a slam dunk unless Republicans choose to launch a Kagan filibuster, the last resort of a minority to block a nomination by debating it to death.
Citations:
Voice of America
www1.voanews.com/english/news/usa/Kagan-Supreme-Court-Confirmation-Hearings-Begin-Monday-96990134.html
Associated Press
google.com/hostednews/ap/article/ALeqM5jy6DGVufkhmuT82WvaBTWTrV2a_wD9GKERIO0
USA Today
usatoday.com/news/washington/judicial/2010-06-28-kagan-senate-hearings_N.htm?csp=34news
