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Contents tagged with Supreme Court Justice

  • Filed in: Supreme Court Justices   |   by Nathanael Bennett   |   5:00 PM Aug. 5, 2010

    Elena Kagan Confirmed

    The U.S. Senate has voted to confirm Elena Kagan to a seat on the Supreme Court of the United States replacing Justice John Paul Stevens who retired. The vote in the Senate was 63-37, with five Republicans voting in Ms. Kagan's favor and one Democrat voting no. She becomes the 112th Justice on the high court and her confirmation brings to three the number of women on the high court joining Justices Ruth Bader Ginsburg and Sonia Sotomayor. The Republicans who backed Ms. Kagan's nomination: Maine Sens. Susan Collins and Olympia Snowe, South Carolina Sen. Lindsey Graham, retiring Sen. Judd Gregg of New Hampshire and Indiana Sen. Richard Lugar. Senators sat at their desks and stood to cast their votes with "ayes" and "nays." Reaction was swift: Sen. Ben Nelson, a Democrat from Nebraska, said he could not vote for Ms. Kagan. Nelson said he "has heard concerns from Nebraskans regarding [Kagan], and her lack of a judicial record makes it difficult for me to discount the concerns raise... Continue Reading


  • Filed in: Supreme Court Justices   |   by Nathanael Bennett   |   12:00 AM Jul. 2, 2010

    Kagan Hearings Conclude - Vote Ahead

    The confirmation hearings for Supreme Court nominee Elena Kagan are over. The final day included testimony from outside witnesses who support and oppose her nomination. With the hearings now concluded, the focus turns to the upcoming vote. The Senate Judiciary Committee is expected to vote on the Kagan nomination when it returns from its July 4th break during the week of July 19th. Once that occurs, the nomination will then go to the full Senate floor for a vote which is expected at the end of July or the first week of August. Senators should carefully consider the areas of concern in her record and her answers during the confirmation hearings before voting to confirm her to a lifetime appointment on the nation's highest court. Senator Orrin Hatch (R-Utah) has made up his mind. He said he will oppose the Kagan nomination when a vote occurs. Sen. Hatch said that a Supreme Court nominee needs "both legal experience and, more importantly, the appropriate judicial philosophy." A... Continue Reading


  • Filed in: Supreme Court Justices   |   by Jordan Sekulow   |   12:00 AM Jul. 1, 2010

    Kagan May Not Know It but She Is a Legal Progressive

    Elena Kagan is a liberal, a progressive, and if confirmed to the Supreme Court, will be a judicial activist in the mold of the late Justice Thurgood Marshall and the former president of Israels Supreme Court, Aharon Barak. Although Kagan told Senate Judiciary Ranking Member Jeff Sessions (R-Ala.) during her confirmation hearing this week that she didnt know what legal progressive means, after a year or two on the Supreme Court, shell be praised with that terminology by the lefts legal establishment. Yes, she told Judiciary Chairman Patrick Leahy (D-Vt.) that the Heller and McDonald 2nd Amendment cases were settled law, but that means little in a confirmation hearing. When Leahy asked Justice Sonia Sotomayor last year at her confirmation hearings, Is it safe to say that you accept the Supreme Courts decision [Heller] as establishing that the 2nd Amendment right is an individual right? Is that correct? Sotomayor responded, Yes, sir. Just this week, Sotomayor joined a dissent in the McDo... Continue Reading


  • Filed in: Supreme Court Justices   |   by Nathanael Bennett   |   12:00 AM Jul. 1, 2010

    The Kagan Hearings - Day 3

    Day 3 of Elena Kagans confirmation hearings started with Senator Leahy expressing his desire to finish the questioning of Kagan that day, in light of the upcoming memorial services for Senator Byrd. Although there were still four Senators who had yet to ask questions in the first round and numerous Senators with additional questions for Kagan, Senator Leahy was determined to finish. And finish is exactly what the Senate Judiciary Committee did. After the first round was completed, Senators were then given a second round of 20 minutes to ask additional questions if they so desired. A few Senators asked a limited number of questions in a third round. While it is appropriate for the Committee to pause its work to honor the life of Senator Byrd, it was clear that Senator Leahy was pushing to get the questioning completed in Day 3. Kagan has been nominated to a lifetime position on the highest court in our country. The Senate has a constitutional duty to provide Advice and Consent on... Continue Reading


  • Filed in: Supreme Court Justices   |   by Nathanael Bennett   |   12:00 AM Jun. 30, 2010

    The Kagan Hearings - Day 2

    The questioning is underway for Supreme Court nominee Elena Kagan as Senators focus on her judicial competency and method of constitutional interpretation. On day two, Kagan was also questioned about her actions regarding military recruiters while she was dean of Harvard Law School and about her views on the Second Amendment. While Kagan did provide some insight into her views on issues, she also dodged questions. For example, Kagan did admit under questioning by Senator Graham that her political views are generally progressive. However, she refused to answer a more important, earlier question from Senator Sessions about whether she was a legal progressive, which would get to the heart of her judicial philosophy. Senator Sessions read a statement from Vice President Bidens chief of staff, Ron Klain, saying Elena Kagan is clearly a legal progressive, and Session asked Kagan if she would characterize herself this way. After being asked three times, she responded with the statement:... Continue Reading


  • Filed in: Supreme Court Justices   |   by Nathanael Bennett   |   11:00 PM Jun. 28, 2010

    The Kagan Hearings - Day 1

    The confirmation hearings for Elena Kagans nomination to the Supreme Court of the United States began with opening statements from the Senators on the Senate Judiciary Committee, introductions of Kagan by Senators Kerry and Brown, and Kagans own opening statement. As expected, the Senators opening statements largely fell along political lines. Republican Senators set out their concerns about Kagans nomination and their expectations for the hearings. Primarily, Republicans are concerned with what type of judicial philosophy Kagan would bring to the Court. Several Senators noted her lack of judicial experience and her lack of trial court experience and placed the burden on her to show what type of Justice she would be if confirmed. For example, Senator Grassley stated: You now have the burden of showing us that, despite your record as a political lawyerrather than as a sitting judge or practitioneryoull apply the law impartially and not be a rubberstamp for the Presidents agend... Continue Reading


  • Filed in: Supreme Court Justices   |   by Jay Sekulow   |   12:00 AM Jun. 28, 2010

    Time for Tough Questions

    President Obama's Supreme Court nominee Elena Kagan is front-and-center this week as members of the Senate Judiciary Committee hold hearings regarding her confirmation. The Senators have a constitutional mandate to provide 'advice and consent' in this process and they need to engage this nomination. The fact is that it's time for tough, probing questions and clear, thorough answers. There are many questions facing the Supreme Court nominee - perhaps none more important than: does she consider the Constitution the final authority or will she legislate from the bench? With no judicial experience, the Senate Judiciary Committee must pose specific questions about her legal positions of the past and her judicial philosophy - how does she view the role of Justices, the Constitution, and the rule of law? The American people deserve forthright answers from Elena Kagan during the confirmation hearing. We'll be monitoring developments very closely during this process and keep you informe... Continue Reading


  • Filed in: Supreme Court Justices   |   by Nathanael Bennett   |   12:00 AM Jun. 28, 2010

    The Confirmation Hearings

    With the confirmation hearings underway before the Senate Judiciary Committee for Supreme Court nominee Elena Kagan, we call on the Senators to conduct a thorough analysis of Kagans qualifications and record. Article II, Section II of the Constitution tasks the Senate with providing the President with advice and consent on judicial nominations. This duty is a serious responsibility that is meant to act as a check and balance on the Presidents authority to nominate judges. The centerpiece of this responsibility occurs at hearings in the Senate Judiciary Committee, where nominees give testimony and are asked questions about their record, qualifications, and their judicial philosophy. In the case of Kagan, this task is especially difficult and important because she has never served as a judge, and therefore has no judicial record. With this in mind, we have provided the Senate with some insight into Kagans judicial philosophy, qualifications and her work in the past. You can read ... Continue Reading


  • Filed in: Supreme Court Justices   |   by Jay Sekulow   |   12:00 AM Jun. 22, 2010

    SCOTUS Nominee Kagan & Sharia Law?

    An appointment to the U.S. Supreme Court is for life. And, as the Senate Judiciary Committee prepares to hold confirmation hearings for nominee Elena Kagan, I want you to know that we're working to provide members of the Senate with vital information about Kagan's record. As the confirmation hearings approach, there's new questions surface about Kagan's actions as Dean of Harvard Law School. As has been well reported, Kagan opposed the presence of U.S. military recruiters on campus - saying the military's "Don't Ask, Don't Tell" policy discriminated against homosexuals. We've produced a legal memo outlining her actions with respect to that issue. It is posted here. At the same time, though, Kagan remained silent when a Saudi donor put up $20 million dollars to establish a Center for Islamic Studies that cleared the way for the promotion of Sharia Law - a Muslim theology that many believe embraces repression and sexism. Senator Jeff Sessions (R-Alabama), ranking member on the ... Continue Reading