JURIST Supported by the University of Pittsburgh
PAPER CHASE NEWSBURSTDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.


Wednesday, August 04, 2010

Senate hears final statements on Kagan confirmation
Daniel Richey at 10:10 AM ET

Photo source or description
[JURIST] The US Senate [official website] on Tuesday heard final statements [transcript] on the confirmation of US Supreme Court [official website] nominee Elena Kagan [official profile; JURIST news archive]. Most Senate Republicans oppose her confirmation, but have chosen not to pursue a filibuster [Washington Post report] given statements from five Republicans confirming that they will vote for Kagan's confirmation. Senator Jeff Sessions (R-AL), the ranking Republican on the Senate Judiciary Committee [official websites], questioned Kagan's "discipline" [video] and called her an "activist, liberal, progressive, politically-minded judge who will not be happy to simply decide cases, but will seek to advance her causes." Senator Lindsey Graham (R-SC) [official website] explained his decision to support Kagan [video], arguing that the Advise and Consent Clause of the US Constitution [text] is not meant to subject nominees to the discretion of the Congress, but only to check against the appointment of judges who are grossly lacking in character or qualifications or who were inappropriately nominated:
We're trying to make sure the President, he or she, picks a good, qualified judge, not some unfit character, not some person ... who would be a lousy judge. Now, when I apply that standard to Elena Kagan, I cannot find anything about her that makes her an unfit character to me. Quite frankly, from what I know about her from listening to her for a couple of days and having people tell me about her, is I think she's a very fine person, with stellar character.
Senator Ben Nelson (D-NE) [official website] is the only Democratic member of the Senate expected to vote against Kagan. The final vote on her nomination is expected Thursday.

The Senate Judiciary Committee approved Kagan's nomination [JURIST report] last month with a largely party-line 13-6 vote [video]. Earlier that month, the committee delayed its vote [JURIST report] at Sessions's request. In asking for the delay, Sessions cited concerns over Kagan's positions [video] on legislation during the her time working in the Clinton administration and called her answers to questions during the hearing "less than candid." Kagan's confirmation hearing concluded in June [JURIST report]. During the hearings, Kagan addressed the effect of political bias on the court and stresed the importance of not bringing politics to the bench. Kagan's confirmation hearings began [JURIST report] with Democratic and Republican senators offering contrasting interpretations of Kagan's judicial philosophy and lack of experience on the bench. President Barack Obama nominated Kagan [JURIST report] in May to replace former justice John Paul Stevens, who announced his retirement [JURIST report] in April. Kagan became the first woman confirmed as Solicitor General [JURIST report] in 2009.




Link |  | print | subscribe | RSS feeds | latest newscast | Facebook page

For more legal news check the Paper Chase Archive...


LATEST LEGAL NEWS

 Hungary prosecutors charge accused Nazi with war crimes
1:19 PM ET, June 18

 ICC grants Kenya VP's request to skip parts of upcoming trial
12:23 PM ET, June 18

 Libya senior judge assassinated outside courthouse
9:29 AM ET, June 18

 click for more...

Get JURIST legal news delivered daily to your e-mail!

LATEST FORUM

Is Egypt's Stance on the Blue Nile Dam Legally Justified?
DOMESTIC
Zeray Yihdego
University of Aberdeen School of Law

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org