Elena Kagan Nomination Hearings

Statement

Recently President Obama's nominee to be the next Associate Justice to the U.S. Supreme Court, Elena Kagan, appeared before the Senate Judiciary Committee for confirmation hearings. My fellow members of the committee and I knew ahead of time that Solicitor General Kagan was intelligent. We also knew that, like President Obama, she was politically liberal. What we did not know was whether Ms. Kagan would be able to set aside her progressive politics and be an impartial Justice.

During the hearing, we learned how Ms. Kagan might approach cases as a Justice. Based on her answers at the hearing, it appears that Ms. Kagan believes that there are virtually no meaningful restraints on Congress's ability to pass laws under its commerce clause power, and that she is unlikely to rein in an already out-of-control federal government. I was also concerned by her comments on the Second Amendment's guarantee of an individual's right to keep and bear arms. Though Ms. Kagan claimed to respect established precedent protecting gun rights, her past political efforts to restrict the sale of guns cast doubt on her testimony. Justice Sonya Sotomayor also claimed to support the Second Amendment during her hearings, but once on the Court, Justice Sotomayor voted to restrict gun rights. In addition, I worry that Ms. Kagan, like her judicial heroes, may become a judicial activist who believes that judges should change the law according to their own personal politics and feelings. You can watch both rounds of my questions for Ms. Kagan here and here.

In the coming days I will continue to review Ms. Kagan's record and testimony, as I decide whether to support her nomination to the Supreme Court.

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