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 our full analysis of Kagan here.

While there are a number of reasons to question whether Kagan has the proper perspective on the role of the judiciary and proper adherence to the Constitution, it is certainly clear that we need to hear a great number of honest and thorough answers at the upcoming hearing.  Specifically, it will be important to obtain strong assurances that Kagan will respect the sovereignty of our own Constitution and domestic laws, and will not defer to international law or precedent. 

As the hearings unfold, we continue to call on Senators to ask the detailed questions and to carefully evaluate whether or not to grant Kagan a lifetime appointment to the highest court in the land.

Stay tuned to Jay Sekulow Live! for more information.