May 10th, 2010
11:22 AM ET
4 years ago

Sessions on Kagan: 'Several areas warrant close scrutiny'

Washington (CNN) - Sen. Jeff Sessions, R-Alabama, the Ranking Member of the Senate Judiciary Committee, issued the following statement:

“I congratulate Solicitor General Kagan on her nomination to the Supreme Court. The president’s announcement today allows the Judiciary Committee to move forward with the work of carefully compiling and reviewing Ms. Kagan’s record, a constitutional responsibility that must be carried out with thoughtful deliberation on behalf of the American people.

“Although the Committee is familiar with Ms. Kagan from her previous nomination as Solicitor General, a lifetime appointment to the Supreme Court is a far more significant position. Accordingly, her nomination merits a fresh review based on different criteria. It is unwise to make a judgment on her nomination until that evaluation is conducted.

“We know that several areas warrant close scrutiny. Ms. Kagan’s lack of judicial experience and short time as Solicitor General, arguing just six cases before the Court, is troubling. The public expects Supreme Court nominees to possess a mastery of the law, a sound judicial philosophy, and a demonstrated dedication to the impartial application of the law and the Constitution. With no judicial opinions to consider, it will be especially important that other aspects of her record exhibit these characteristics.

“Also deserving review is her decision as dean of Harvard Law School to personally and aggressively restrict the U.S. military’s ability to recruit some of the brightest law students in the country because Dean Kagan opposed President Clinton’s ‘Don’t Ask, Don’t Tell’ policy. Her challenge to the unambiguous federal law requiring equal access for military recruiters was unanimously rejected by the Supreme Court. This is a significant issue for me since I worked hard for the passage of the Solomon Amendment. Her actions in this case, along with other issues, will need to be addressed, and Ms. Kagan will be given a fair opportunity to respond.

“There is a growing sentiment among everyday Americans that Washington is ignoring the Constitution’s limits on government power. People are rightly concerned by a breathtaking expansion of government, as well as an erosion of respect for the importance of individual rights and the roles of local officials and state legislatures. This ‘Washington-knows-best’ mentality is evident in all branches of government, but is especially troublesome in the judiciary, where unelected judges have twisted the words of our Constitution to advance their own political, economic, and social agendas.

“Our Founding Fathers intended the Court to serve as a neutral arbiter of disputes and to defend the public from the overreach of a distant ruling class in our nation’s capital. When judges instead impose their own political and social views from the bench—as President Obama’s empathy standard would permit—they undermine democratic government and threaten individual liberties. To protect these important institutions, and to restore the proper check on government overreach, we must ensure that any individual nominated to the Court is deeply committed to the words of the Constitution. It is in this context that Ms. Kagan’s nomination will be considered.

“I look forward to learning more about Ms. Kagan through this process and to hearing her testimony on these and other important matters. It is my sincere hope the president made this nomination because he believes Ms. Kagan possesses the rare qualities that make an exceptional judge—objective and faithfully devoted to the Constitution—and not because she is expected to produce results that he and his administration favor.”


Filed under: Elena Kagan • Jeff Sessions • Popular Posts • Senate • Supreme Court
soundoff (29 Responses)
  1. aproudmemberoftheunpatrioticmob

    Hey Jeff in Virginia, you want to talk about racism? How come the slimy president you put in office has not addressed the thousands of people in Tennnessee that are suffering the after effects of a thousand year flood? Typical libertard bs isn't it to play the race card in saying that a woman who has only been involved in 6 cases in her life is qualified to be a Supreme Court justice. Liberals are such hyper-hypocrites.

    May 10, 2010 01:26 pm at 1:26 pm |
  2. Holding Up A Mirror

    Could you ever imagine Sarah Palin having the intellectual gravitas to make a a selection to the Supreme Court. I sure can't.

    Sarah will never be Presidential material.

    May 10, 2010 01:27 pm at 1:27 pm |
  3. Claudia, Houston, Tx

    Sessions and the rest of the GOP need to answer "where was their scrutiny when they voted for Palin", please answer that question.

    May 10, 2010 01:29 pm at 1:29 pm |
  4. Ted

    Sessions – you are a moron. Here is a quote from your idiotic statement: There is a growing sentiment among everyday Americans that Washington is ignoring the Constitution’s limits on government power. People are rightly concerned by a breathtaking expansion of government, as well as an erosion of respect for the importance of individual rights and the roles of local officials and state legislatures.

    Guess what ole Jeffy boy? George W Bush and his dictatorship did more to expand government than anyone and only to the benefit of the GOP and its moneyed benefactors. Bush did more to endanger this country from internal and external factors and we are still dealing with it.

    Go crawl back under your rock, you rightwing nut.

    May 10, 2010 01:30 pm at 1:30 pm |
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