Legal Commentary

Kagan In 1995: Judicial Nominees Must Answer Questions

By Big Tent Democrat

LATimes:

The Senate confirmation hearings for the Supreme Court have become "a vapid and hollow charade," a Chicago law professor complained, because the nominees are not forced to say what they think about disputed issues such as abortion, affirmative action and privacy.

It is "an embarrassment," she said, that "senators today do not insist that any nominee reveal what kind of Justice she would make, by disclosing her views on important legal issues." Justice Clarence Thomas won confirmation, she said, even "after his substantive testimony had become a national laughingstock."

These comments from a 1995 article are likely to be a focus of the next Supreme Court hearing if their author — Elena Kagan — emerges as President Obama's nominee. White House aides say the president is near making a decision, perhaps as soon as Monday.

(Emphasis supplied.) Kagan was absolutely right in 1995 and should she be the nominee, then it is time to elevate the confirmation process -- apply the standard Kagan caled for in 1995. The Senate has the right and should demand answers from judicial nominees. If the nominee refuses, then the Senate should not confirm.

Speaking for me only

Full post as published by TalkLeft on May 08, 2010 (boomark / email).