Tuesday, June 29, 2010 11:30 AM
Kagan Parries In Confirmation Hearing
Supreme Court nominee Elena Kagan surprised few but disappointed many who hoped her past dismissal of Supreme Court nomination hearings as a "hollow charade" would result in more forthright testimony in her second day before the Senate Judiciary Committee.
Asked by Sen. Herb Kohl, D-Wis., which direction she would move the court -- a question Kohl noted Kagan once said nominees should answer -- she demurred. "All I can say is that I will try to decide each case that comes before me as fully and objectively as I can," she said. Kagan said it "would be a bad idea" to name justices she admired. "My, oh my," said an exasperated Kohl.
Pressed by Sen. Orrin Hatch, R-Utah, on Citizens United v. Federal Election Commission, Kagan did not offer any clear personal view, instead describing her argument as solicitor general. And in response to a question by Senate Judiciary ranking member Jeff Sessions, R-Ala., Kagan defended her decision to limit military recruiting at Harvard Law School while dean there. "The military had full access to our students at all times," she said, while stopping short of calling it "equal access."
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