Following her testimony before the Senate Judiciary Committee, People For the American Way announced its support for the confirmation of Elena Kagan to fill the Supreme Court vacancy created by the retirement of Justice John Paul Stevens.
PFAW President Michael B. Keegan issued the following statement:
“The departure of Justice Stevens leaves a hole in the Supreme Court that will be difficult to fill. Throughout his career, Justice Stevens stood up for his belief that all people, no matter their situation, deserve a fair hearing in the courts. Judging by her record of service, her writing, and her testimony before the Judiciary Committee, Elena Kagan is the right person to fill that vacancy.
“Solicitor General Kagan gave the American people a sound and thoughtful lesson about the Constitution as a timeless document, brilliantly conceived by its framers to be interpreted over time in light of new situations and new factual contexts. Her testimony gave voice to a view of the Constitution and the role of judges in sharp contrast to Chief Justice Roberts’ misleading analogy to an umpire calling balls and strikes. And she refused to buy into the cramped and distorted view of the role of the judiciary in interpreting the Constitution that was pushed by some Republican Senators.
“Elena Kagan’s testimony made clear that she has the intellect and the command of the law to stand firm for a judicial philosophy that keeps faith with our Constitution--its amendments, its history, and its core values like justice and equality under the law.
“Instead of engaging in a serious debate however, some Republican Senators instead chose to lob dishonest attacks at General Kagan's support for our armed forces and, inexplicably, at her mentor Justice Thurgood Marshall. Justice Marshall was a passionate advocate of our Constitution, and it's thanks to him that all Americans have access to its protections. For Senators to repeatedly attack the man who helped our nation move past our shameful history of segregation would be foolish if it weren't just plain offensive.
“After carefully evaluating her record and her statements, People For the American Way is proud to support Elena Kagan's nomination to the Supreme Court.”