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June 29, 2010 2:30 pm | By Miranda Blue
The Odd Marshall Debate
Solicitor General Kagan started out the day defending her late mentor Justice Thurgood Marshall after yesterday’s GOP attacks. It’s odd that she even had to go there. Dana Milbank’s column in the Post this morning explains it well:It was, to…
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June 29, 2010 2:08 pm | By Drew Courtney
Sessions Tries the “Anti-Military” Attack, Comes Up Empty
Senator Sessions, the ranking member of the Judiciary Committee, seemed pretty exercised in his questioning of Solicitor General Kagan, and the results were. . . pretty unremarkable. He spent most of his time on the military recruitment issue (which Patrick…
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June 29, 2010 2:02 pm | By Kyle
Kagan: A Fake John Roberts, A Radical Homosexualist, and a Sign of The End Times
As the questioning in Elena Kagan’s confirmation hearing finally gets underway, right-wing groups are busy releasing statements and reports claiming she is everything from a "clear and present danger to the Constitution" to a sign of the end times. The Judicial…
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June 29, 2010 1:47 pm | By Miranda Blue
A Break from Umpire Analogies?
Well, this is a nice change. In her first few minutes of testimony, responding to questions from Judiciary Chairman Patrick Leahy, Supreme Court nominee Elena Kagan spoke about the Constitution as an enduring document that can be amended and interpreted…
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June 29, 2010 1:42 pm | By Drew Courtney
Kagan and the Anti-Military Myth
Near the end of his questioning, Senator Patrick Leahy addressed the accusation that Elena Kagan is somehow "anti-military." He points out an op-ed in the Washington Post written by a Harvard Law School grad who demolishes that particular attack. If…
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June 28, 2010 9:41 pm | By Miranda Blue
Star of the Kagan Hearings is the Corporate Court
Democratic Senators used the opportunity of Elena Kagan’s Supreme Court confirmation hearings today focus attention on nine people who were not in the room. The Senators called the Roberts Court out for some of its more outrageous decisions as they…
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June 28, 2010 8:48 pm | By Rhee-Soo
Republicans Against Thurgood Marshall?
Republican members of the Senate Judiciary Committee tried to smear Elena Kagan all day by attacking her mentor and hero, Thurgood Marshall, as a “liberal activist judge.” Senator Jon Kyl in particular complained that Marshall’s judicial philosophy was “not what…
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June 28, 2010 8:00 pm | By Rhee-Soo
Judicial Activism?
In response to the GOP’s repeated accusations of Elena Kagan’s so-called judicial activism, Senator Dick Durbin (D-IL) fired back with a quote from Justice John Paul Stevens’ sharp dissent in Citizens United: “Essentially, five Justices were unhappy with the limited…
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June 28, 2010 6:39 pm | By Rhee-Soo
Kagan’s Policy Experience
In his opening remarks in the Elena Kagan nomination hearings, Sen. Jeff Sessions (R-AL) expressed concern about Gen. Kagan’s lack of judicial experience. Additionally, he chose to chastise her for opting to take jobs in the policy arena.Professor Kagan left…
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June 28, 2010 6:37 pm | By Drew Courtney
Coburn and Strict Construction
Senator Tom Coburn used his opening statement to lecture Solicitor General Kagan on the importance of "strict constructionism." But maybe before conservatives continue to flog that particular buzz word, they should make sure make sure that the judges they point to…
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June 28, 2010 6:30 pm | By Miranda Blue
Cornyn Defines Activism
Sen. John Cornyn was waxing indignant a few minutes ago about what he calls the “activist vision” of certain judicial nominees.He helpfully defined his terms:“This activist vision takes the power from the people to make the law and change the…
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June 28, 2010 6:25 pm | By Drew Courtney
Lindsey Graham and Extraordinary Circumstances
In his opening comments, Lindsey Graham raises the agreement reached by the Gang of 14 and the standard they set: that filibusters of judicial nominees could be allowed only in extraordinary circumstances.Senator Susan Collins has already said that she doesn’t…
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June 28, 2010 6:08 pm | By Rhee-Soo
Sessions Attacks Kagan for Lack of Legal Experience
The Elena Kagan confirmation hearings began at 12:30 p.m. today, and Jeff Sessions, the ranking minority member on the Senate Judiciary Committee, wasted no time in attacking the nominee for having “barely practiced law.” It seems the senator is once…
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June 28, 2010 6:01 pm | By Kyle
Better Luck Next Time, Anti-Kagan Activists
Earlier today, Traditional Values Coalition, Concerned Women for America, the Judicial Crisis Network, and Students for Life of America held a joint press conference to announce their opposition to Elena Kagan’s confirmation to the Supreme Court. The only problem was,…
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June 28, 2010 5:44 pm | By Deborah Liu
GOP Can’t Make Up Its Mind About “Results Oriented Judging”
The GOP Senators are echoing its same tired themes, characterizing Kagan as a political lawyer and suggesting that she would engage in “results-oriented judging.” Though predictable, the hypocrisy is nonetheless astounding. These are the same senators who accepted Roberts’ “balls…
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June 28, 2010 5:29 pm | By Miranda Blue
Sessions’ Dubious Sources
In Sen. Session’s opening remarks at the Kagan hearings, he lambasted her for association with so-called “activist” judges—including revered civil rights defender Thurgood Marshall, the widely respected Abner Mikva, and the Republicans' new, desperate talking point, Israeli judge Arahon Barak.…
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June 28, 2010 5:21 pm | By Paul Gordon
A Victory For Religious Liberty
In today’s 5-4 decision in Christian Legal Society v. Martinez, the Supreme Court correctly ruled that a publicly funded law school need not provide funding and recognition to a campus group with policies that discriminate based on religion and sexual…
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June 28, 2010 5:03 pm | By Miranda Blue
Leahy Brings Citizens United to the Forefront in Kagan Hearings
In his opening remarks in Solicitor General Elena Kagan’s Supreme Court confirmation hearings, Senate Judiciary Committee chairman Patrick Leahy put the Court’s decision in Citizens United v. FEC at the front and center of the debate. It is essential that…
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June 28, 2010 4:55 pm | By Drew Courtney
Jeff Sessions Gets Started
Senator Sessions pledged that Republicans would hold a respectful confirmation. In the next breath he slammed Kagan’s legal experience, then moved on to attacking her college thesis, complaining about her support of Ruth Bader Ginsburg, misrepresenting her opposition to DADT…
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June 28, 2010 4:46 pm | By Kyle
Off To a Good Start: Liberty Counsel Calls Kagan a Liar Before Hearing Even Began
The confirmation hearing for Elena Kagan is just getting under way and so I am going to start collecting statements and reactions and posting them both on the RightWingWatch and PFAW blogs … and we are already off to a good start,…