Senate Judiciary Chairman Patrick Leahy, D-Vt., played the gender card in an increasingly pointed fight with committee Republicans over Supreme Court nominee Elena Kagan's qualifications and the schedule for confirming her.

Leahy responded this morning to a Monday speech by Judiciary ranking member Jeff Sessions, R-Ala., questioning Kagan's record and suggesting a June 28 committee hearing should be delayed until records from Kagan's work in the Clinton White House are available. Leahy noted the time between the nominations of Chief Justice John Roberts, as well as Justice Sonia Sotomayor, and their committee hearings would be almost the identical to that now set for Kagan and said he was "amazed, flabbergasted," by Sessions' request.

"When a Republican president nominated a man to the Supreme Court, the schedule was fine," Leahy said. "When a Democratic president nominated women to the Supreme Court on exactly the same schedule, suddenly it's not a fair schedule. Well maybe I'm old fashioned, maybe I'm influenced by my wife, my daughter, my three granddaughters. But I think the rules ought to be the same for men and for women. So that's why the schedule is the same."

That statement was not in Leahy's prepared remarks, which were more muted on the role of Kagan's gender. Leahy's prepared statement did say that "Senate Republicans are moving the goal posts, and shifting the standard from when the Senate considered the Roberts and [Samuel] Alito nominations. Republicans should not apply a double standard to the nomination of this qualified woman." An aide said that comparison referred to standards for document requests.

Leahy also ripped Republicans for faulting Kagan's lack of judicial experience when "they are themselves responsible" for blocking her nomination to an appellate court.

"I welcome questions to Solicitor General Kagan about judicial independence, but let us be fair," he said. "Let us listen to her answers. There are those on the extreme right who are spoiling for a fight. The overheated rhetoric ought to be set aside."