Executive Session

Floor Speech

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Mr. WYDEN. Mr. President, I rise in support of the nomination of Solicitor General Elena Kagan to serve as Associate Justice of the United States Supreme Court. A lifetime appointment to the highest Court in the land is a serious matter, and confirming each Justice is one of the most solemn duties of any Senator.

When I sat down with her, I was struck by Ms. Kagan's obvious intelligence and candor. It was also obvious that her wealth of professional experience has given her a real reverence for our country's rule of law. As the confirmation process went on, I paid close attention to the answers Ms. Kagan gave to my colleagues on the Judiciary Committee in her hearing. What comes across loud and clear when one listens to Ms. Kagan is that she has a strong belief in the Constitution and an understanding of its purpose to serve and protect the American people.

Throughout the arduous process of being a Supreme Court nominee, Ms. Kagan has impressed me at every turn with her intellect, integrity, and independence. These are fundamental traits our Nation needs in every member of the highest Court in the land.

But being a Supreme Court Justice requires more than surviving the confirmation process. If confirmed, Ms. Kagan would be ruling on the most important and urgent matters facing our Nation. Her voice would carry with it the rich and varied background of professional experience that would sound a note of true intellectual independence.

Although some have found fault with the fact that she has never served as a judge, I have never believed that lack of prior judicial experience should stop someone from serving with distinction on the Court. After all, some of our greatest jurists had no experience as a judge--Justices John Marshall, Louis Brandeis, Felix Frankfurter, and William Rehnquist among them. In place of that singular legal experience, Ms. Kagan brings expertise that she has earned in all three branches of government, as well as the private sector as an attorney in private practice and as the dean of Harvard Law School.

In talking with Ms. Kagan, I came away confident that she well understands the proper role of a judge and will not attempt to legislate from the bench. I discussed with Ms. Kagan her views and approach to some of the important issues the Court will address in upcoming years, such as national security, the limits of executive power, and the protection of civil liberties.

I also spoke with Ms. Kagan about an issue of particular concern to Oregonians one which they have endorsed twice at the ballot box--the right to control end-of-life decisions. Oregon voters twice approved death with dignity ballot measures. I have long believed that their decision should be respected by the courts, and I am pleased the Supreme Court has agreed with that view. While not taking a position on specific questions that could come before the Court, Ms. Kagan reassured me that she sees this as Oregonians do. She believes end-of-life decisions are protected by constitutional privacy rights, and she believes the Federal Government should not contravene State laws that protect individual rights on this issue.

Finally, I was also comfortable with the way Ms. Kagan explained her views on a frequently litigated constitutional issue, the limits of congressional power to act under the commerce clause. Ms. Kagan's answers assured me she has a very thorough and nuanced understanding of commerce clause jurisprudence and that she will rule on commerce authority cases with both deference and wisdom.

I am convinced, based on everything I have heard, that Ms. Kagan possesses the intellect, integrity, and independence to serve as an extraordinary Justice on the Supreme Court. With the retirement of Justice Stevens, Ms. Kagan certainly has large shoes to fill. But I have no doubt she is more than up to the task, and our country's laws will be safely guarded in her hands. That is why Elena Kagan has my support, and I will vote to confirm her as an Associate Justice of the Supreme Court.

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