Tuesday, May 18, 2010 3:40 PM
Kagan Confirmation At Critical Point, Panel Says
The most important part of Elena Kagan's confirmation process is now, according to panelists at a discussion hosted this afternoon by Georgetown University's Supreme Court Institute.
The 160,000 documents to be released from Bill Clinton's presidential library and the National Archives could shed light on Kagan's ideological position on many issues, the most contentious being her stance on expanded executive powers, partial-birth abortion and limiting assault weapons.
"There is a clear line between John Roberts' memos at the White House and Chief Justice Roberts who's sitting on the bench," said Supreme Court Institute Executive Director Pamela Harris. "That shows just how important these documents are."
"The next six weeks for [former Solicitor General] Kagan are going to be a major challenge," said Georgetown Law Professor Richard Lazarus. He pointed to the 60 to 80 one-on-one meetings Kagan will conduct with senators.
Lazarus also alluded to potential criticism from senators who will point to Kagan's 1995 law review article, in which she called the confirmation process a "vapid and hollow charade," to challenge her to put her views on record.
"I think she'll say she's doing her best to answer the questions, but some she cannot answer because they might come before the court," suggested Georgetown Law Professor Susan Low Bloch.
O'Melveny & Myers Partner Sri Srinivasan said the criticism of Kagan's lack of judicial experience is a non-issue in part because of her work as solicitor general.
"The solicitor general position is relevant because they are trying to craft the voice of the United States," a skill needed on the bench, Srinivasan said.
Kagan is currently preparing for these "challenging" six weeks by participating in mock trials that will use a variety of questions ranging from "benign" to "hostile" and "difficult," Block said. She will be honing her substantive answers, as well as her "cosmetic" demeanor based on her ability to keep calm and portray confidence.
While all four panelists supported Kagan's confirmation, each highlighted a potential weakness in President Obama's choice. Harris lamented that Kagan will be the third female justice without children, Bloch that the court would be left with no Protestants. Lazarus criticized her lack of legal scholarship, and Srinivasan noted that her lack of judicial rulings was a frustration for the left.


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