Kagan declines to criticize conservative Roberts court on third day of Supreme Court hearings
By Jesse J. Holland, APWednesday, June 30, 2010
Day 3: Nominee Kagan won’t criticize Roberts court
WASHINGTON — Elena Kagan declined several opportunities to criticize the current Supreme Court on Wednesday, testifying at the third day of confirmation hearings, “I’m sure everyone up there is acting in good faith.”
In a lengthy exchange with Sen. Sheldon Whitehouse, Kagan said pointedly she didn’t agree with the Rhode Island Democrat’s analysis that conservative justices appointed by Republican presidents were “driving the law in a new direction by the narrowest possible margins” in a series of 5-4 rulings.
Later, she sat quietly as Democratic Sens. Ted Kaufman of Delaware and Al Franken of Minnesota vigorously criticized recent court rulings. Both men said they would not ask her to agree with them, and she did not volunteer to do so.
The exchanges occurred as Kagan returned to the witness chair for another long day of questioning by members of the committee that will vote first on her nomination. She appears well on her way toward confirmation, although it is unclear how many, if any, of the panel’s seven Republicans will support her.
While most said they wanted to pose more questions to Kagan, Sen. John Cornyn of Texas told reporters, “I assume she will be confirmed.”
Unlike the first two days of the hearings, there were few if any spectators in line to witness a bit of history. Democrats hoped to conclude questioning of President Barack Obama’s nominee by day’s end.
In something of a jab at her reticence to expand on numerous legal controversies, Sen. Jeff Sessions, R-Ala., said some critics are wondering what she believes and whether she would be more like Chief Justice John Roberts or Justice Ruth Bader Ginsburg.
Ginsburg, appointed by President Bill Clinton, is generally viewed as being a member of the court’s liberal wing, cast into the minority on controversial 5-4 rulings.
Whitehouse seemed more concerned with Roberts and the other justices who frequently side with him in closely decided cases.
Tags: Barack Obama, Bill Clinton, Judicial Appointments And Nominations, Kagan, Legislature Hearings, North America, United States, Washington
