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Click here to visit the new home of Politics Daily!(Aug. 5) -- Now that Elena Kagan has been confirmed to the Supreme Court, the Senate is ready to take its five-week summer vacation. On Thursday afternoon, the Senate confirmed Kagan, a former solicitor general and dean of Harvard Law School, as the fourth woman ever to sit on the country's highest judicial body with a vote of 63-37. Kagan won five votes from the Republican Party, including those of Sen. Lindsey Graham of Kentucky and Sens. Olympia Snowe and Susan Collins of Maine. Sen. Ben Nelson of Nebraska was the lone Democrat to vote against Kagan's nomination, making himself the first ...
(July 2) -- If you want to make a progressive tremble, yell "judicial activist" and laugh as they cower under their desk in fear. At least, that's been the pattern for the past two decades of judicial confirmation hearings. So when Elena Kagan took her seat at the beginning of her confirmation hearing, her opponents were pretty confident. Sure, the Senate's lopsided majority made defeating Kagan unlikely, but her opponents thought they would get the next-best thing: a weeklong infomercial on judicial conservatism. This time, however, the infomercial got canceled. While their more ...
(June 30) -- The confirmation hearings for Supreme Court nominee Elena Kagan aren't over yet, but it's hard to escape the impression that, however they'll vote, the members of the Senate Judiciary Committee have little else to consider. And there was considerable optimism among Kagan supporters that she'll be confirmed. Yes, there are 24 witnesses on the official list still to be heard. But they'll be squeezed into one more day of testimony, and even that won't start until Thursday at 4 p.m. ET -- the late Sen. Robert Byrd will be lying in state in the Senate until that time, and senators ...
WASHINGTON (June 28) -- Elena Kagan pledged to be a model of impartiality and restraint as a Supreme Court justice as the Senate opened confirmation hearings Monday, but she still braced for a grilling by Republicans who suggest she'd let liberal views color her rulings. Breaking weeks of public silence since President Barack Obama nominated her to be the fourth woman in the court's history, Kagan called the Supreme Court "a wondrous institution" but one with limited powers under the Constitution. She billed herself as a consensus-builder for the ideologically polarized court and said she'd ...
(June 28) -- President Barack Obama nominated Elena Kagan to the Supreme Court, presumably because she shares his judicial philosophy. Yet when Kagan's confirmation begins, you can bet that she will sound more like Justices John Roberts and Samuel Alito. The reason is simple. Kagan, Obama and the senators who'll vote on her confirmation all know that the American public won't accept a judicial nominee who wants to rewrite the Constitution to reflect her personal view on important public policy issues. And the public generally takes a more conservative view on issues like the scope of the ...
(June 27) -- Elena Kagan goes before the Senate Judiciary Committee on Monday with as few predictably hot confirmation issues as any Supreme Court nominee in recent history. Despite the reams of political memos, legal briefs, policy papers and speech transcripts provided to the committee by the Obama administration, no past gaffe or assertion or opinion has generated even the seeds of the kind of controversy that most nominees know they'll have to explain. As the rare nominee who never served as a judge, Kagan has made no rulings that senators can use to question her future constitutional ...
(July 1) -- The National Rifle Association today called on the Senate to reject the nomination of Elena Kagan to the Supreme Court, questioning her commitment to recent court affirmations of the Second Amendment despite Kagan's testimony this week that gun rights are a matter of "settled law." The powerful gun lobby and shooting enthusiasts group also made clear that senators' votes on the Kagan nomination will affect NRA "candidate evaluations" in the coming election cycles -- an often powerful factor in states where gun rights play a big political role. The NRA announcement came on the ...
(June 27) -- Republicans on the Senate Judiciary Committee made clear Sunday that they will use confirmation hearings for Supreme Court nominee Elena Kagan to zero in on concerns that she would be a judicial activist and bring to the court an "expansionist" view of government. ...
Sen. Tom Coburn (R-Okla.), the histrionic legislator famously caught contemplating a crossword puzzle during the 2005 Supreme Court confirmation hearing for John Roberts, wants you to know that he's not going to go quite as easy on nominee Elena Kagan when she appears later this month before the Senate Judiciary Committee. Turns out the senator is fed up with Supreme Court nominees who fail or refuse to directly answer questions posed to them during the long public sessions that make up the bulk of judicial confirmation hearings. He believes that even the most noble court wannabes ought to be ...
(May 21) -- A prominent law professor once condemned the Senate confirmation process for Supreme Court nominees as a "vapid and hollow charade," and railed that the "repetition of platitudes has replaced discussion of viewpoints and personal anecdotes have supplanted legal analysis." This was no less true in 1995, when Elena Kagan, then at the University of Chicago, advanced this view, as it is today now that she's President Barack Obama's choice to replace John Paul Stevens on the U.S. Supreme Court. While Kagan is a litigator and former law school dean with an impressive history of career ...
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