Nomination Of Elena Kagan To Be Associate Justice Of The Supreme Court Of The United States - Continued

Floor Speech

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Mrs. GILLIBRAND. Mr. President, I thank the Senator from Minnesota for her leadership, for her guidance, for her distinguished career, and for her service on the Judiciary Committee. It is so meaningful to all of us to have her ability to review these candidates in such depth.

I am so proud to stand in support of Solicitor General Kagan's nomination to the U.S. Supreme Court. With his decision, President Obama has chosen an individual of the highest caliber, a women with an enormous history of achievement, a history of service and, perhaps most importantly, a history of bridge building.

Elena Kagan is widely regarded as one of the Nation's leading legal scholars. She is a stalwart defender of the Constitution, and through her sharp intellect, steadfast integrity, sensible judgment, and extraordinary work ethic, Elena Kagan has made it clear she is eminently qualified to serve as a U.S. Supreme Court Justice.

Dean of Harvard Law School, magna cum laude from Harvard Law, editor of the Harvard Law Review, and summa cum laude from Princeton, these are just some of the many accolades she obtained during her vast and distinguished career.

Throughout the course of this nomination process, it has been made abundantly clear that Solicitor General Elena Kagan has a profound and exceptional understanding of the Constitution and our system of law. Unfortunately, it appears that some of my colleagues are determined to criticize Elena Kagan regardless of these facts. They can no longer find partisan or ideological fodder by which to create a straw man of opposition, so they are now questioning her intellect, her clarity of mind, and her temperament. It is deeply concerning to me that my colleagues would dismiss the judgment of every Solicitor General of the past 25 years and dismiss the views of law professors from all across the United States and even sitting Supreme Court Justices who have suggested that Elena Kagan is eminently qualified to sit on the Court.

These distinguished legal experts from across the country and across the ideological spectrum say Elena Kagan is not only an intellectual giant, but she is as qualified to serve on the Nation's highest Court as any of her other predecessors. Every Solicitor General over the last quarter century--Democrats and Republicans--wrote a letter of support for her nomination as Solicitor General, noting her brilliant intellect, her candor, and the ``high regard in which she is held by persons of a wide variety of political and social views.''

The support of Miguel Estrada, Ken Starr, and Ted Olson, along with the support of some of my Republican colleagues such as Senator Lindsey Graham, all speak to her ability to build bridges and to find common ground. These are the traits we need in a Justice when so many decisions right now are narrowly being decided at the 5-to-4 margin.

An attorney with over two decades of experience working in all three branches of the Federal Government, Kagan's breadth of experience will bring diversity to a Court consisting entirely of former judges. Many of the Justices on both sides of the aisle are quite fond of Elena Kagan from her time as Solicitor General and have commented on how her distinct professional background is a welcome contribution to the Court.

Based on her record of achievement, it is clear Elena Kagan possesses the temperament that will distinguish her as a consensus builder on a deeply divided Court.

Narrow 5-to-4 decisions by a conservative majority have become the hallmark of the Roberts Court. These decisions have often been overreaching in scope and have repeatedly ignored settled law and congressional intent. For example, in the Citizens United case, the Court not only disregarded the extensive record compiled by Congress but abandoned established precedent. Solicitor General Kagan's unique ability to build coalitions will be very helpful in bridging this very serious divide.

Since the announcement of her nomination, I know more than a few of my colleagues have struggled to find a viable reason to object to her nomination. The bottom line remains that there has yet to be a credible reason to oppose this outstanding confirmation.

I look forward to enthusiastically casting my vote in support of General Kagan's nomination and confirmation to the Supreme Court of the United States. I urge my colleagues to join me and support her nomination as well.

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