July 2nd, 2010
04:51 PM ET
11 years ago

Two more GOP senators to oppose Kagan

[cnn-photo-caption image= http://i2.cdn.turner.com/cnn/2010/images/07/02/art.getty.mcconnell.jpg caption="Sen. Minority Leader Mitch McConnell said Friday that he will oppose the nomination of Elena Kagan."]Washington (CNN) - Two more Republican senators have announced they will oppose Elena Kagan's nomination to the Supreme Court.

Senate Minority Leader Mitch McConnell of Kentucky and Alaska Sen. Lisa Murkowski both issued statements Friday afternoon indicating their opposition to Kagan's nomination. The announcements come hours after Utah Sen. Orrin Hatch indicated he would oppose Kagan's nomination.

McConnell said Kagan was "far from forthcoming in discussing her own views on basic principles of American constitutional law" during this week's confirmation hearings.

"I do not have confidence that if she were confirmed to a lifetime position on the Supreme Court she would suddenly constrain the ardent political advocacy that has marked much of her adult life," McConnell said. "The American people expect a justice who will impartially apply the law, not one who will be a rubberstamp for the Obama administration or any other administration. For these reasons, I will oppose Ms. Kagan's confirmation."

In announcing her opposition, Murkowski bemoaned the lack of geographic diversity and the small number of law schools represented on the court.

"Ms. Kagan, like this administration's last nominee, Justice Sotomayor, is a native of New York City. Although she spent a portion of her career in Chicago, most of her career has been spent 'inside the beltway' of Washington, D.C., and Cambridge, Massachusetts on the campus of Harvard University," Murkowski said. "If confirmed, six of the nine Supreme Court Justices will be from the Northeast United States, and only three law schools of the 199 law schools accredited by the American Bar Association will be represented on the high court-Harvard, Yale and Columbia law schools."

Murkowski did not support Kagan's nomination to her current post of solicitor general, and said Kagan is not qualified for the Supreme Court do to her lack of experience as either a judge or practicing lawyer.

"It is not essential that a Supreme Court nominee have experience as a judge but those who lacked that experience had substantial experience in the practice of law. Ms. Kagan has spent the bulk of her career as an academic, a university administrator and policy advisor. For the reasons I have cited here, I plan to oppose her nomination when it comes before the Senate," Murkowski said.

-CNN's Bill Mears contributed to this report

Filed under: Elena Kagan • Lisa Murkowski • Mitch McConnell • Supreme Court
soundoff (107 Responses)
  1. Jeff Brown in Jersey

    Why doesn't this little closet queen just shut up?

    July 2, 2010 04:53 pm at 4:53 pm |
  2. Commenter

    What a surprise! Please tell me how a Republican opposing anything and everything is news. Thanks.

    July 2, 2010 04:56 pm at 4:56 pm |
  3. steven harnack

    Why don't they just tell the truth and admit that they would never support any candidate put forward by President Obama?

    July 2, 2010 04:58 pm at 4:58 pm |
  4. XWngLady

    Is this a joke? How shallow and predictable can the Republican party possibly be.....They are sooooooooooooooo full of themselves, they can't see straight. Republicans keep amazing me with the depths to which they can sink. Wow!

    Remember..."Pride cometh before a fall" AND "You reap what you sow".

    July 2, 2010 05:04 pm at 5:04 pm |
  5. Clint, Wa.

    I really don't think that this surprises anyone with half a brain, I mean they are the party of NO.

    July 2, 2010 05:04 pm at 5:04 pm |
  6. Gymo

    Big deal they couldn't if they even wanted to, or they'd have to answer to the Tea-Partiers.
    The Republican party is being held hostage by the Tea-Party, their own fringe group creation. – Hey Repubs do you need SWAT assistance, just blink twice.

    What a sorry mess this old venerable party has become...so sad.

    July 2, 2010 05:05 pm at 5:05 pm |
  7. Mj

    This is purely political posturing on their part, because they know the senate will approve Kagan.

    July 2, 2010 05:06 pm at 5:06 pm |
  8. once upon a horse

    looks like she is going to get confirmed anyway so I guess some of the Republicans had to do what they do best.......go against the president on ANYTHING he tries to do.

    July 2, 2010 05:08 pm at 5:08 pm |
  9. gg

    Being opposed by McConnel is sufficient to qualify her for immediate confirmation to the Supreme Court.

    July 2, 2010 05:09 pm at 5:09 pm |
  10. Jenny

    Kagan is undoubtedly more qualified to be a Justice than Bush was to be President, or Palin to be VP. Such political games are getting older and older and staler and staler.

    July 2, 2010 05:10 pm at 5:10 pm |
  11. Discernment


    Mitch claims he wants an impartial and objective Supreme Court Justice. But when Elena Kagan responds to GOP queries with an impartial and objective answer, than Mitch claims Elena is not forthcoming because she doesn't provide Conservative or Liberal responses. Mitch and the Republicans are hypocrites.

    July 2, 2010 05:10 pm at 5:10 pm |
  12. Marko

    Rewind to Roberts approach. Same thing. So if A=B and B=C, then A=C, which = Roberts was not forthcoming either. So what is the difference here? This is the same old tired stuff.

    July 2, 2010 05:11 pm at 5:11 pm |
  13. Ed Fl

    Whats new three old ??? in the party of NO NO are going to vote No on Ms Kagan. Old turtle face Mcconnell is from Kentucky and isn't smart enough to know better but you would think the other two might have enough education to see the hand writing on the wall. Hopefully Kagan will be a judge ruling on the murder of 4000 american kids that Mcconell was responsible for during Bushes illegal war along with many more of the GOP 's NO NO party except for sending other peoples kids off to war.

    July 2, 2010 05:14 pm at 5:14 pm |
  14. kd

    Hatch is basically seen as a lying hypocrite by all but the far right in utah. But, in utah, the far right is the majority. He always plays to his base on these issues.

    But lately, in his dotage, he's being far more partisan. He goes where the wind blows, like most Republicans. Very McCain-like. The Republicans basically do not want Obama to appear strong so they'll take these low, low actions to try to put a dent in Obama and point to it in November.

    Sure would be nice if the Republicans, for a change, would actually do things for the country rather than for themselves and their own self-interest.

    July 2, 2010 05:15 pm at 5:15 pm |
  15. GI Joe

    Surprise surprise surprise !

    July 2, 2010 05:15 pm at 5:15 pm |
  16. Jim in Idaho

    I guess McConnell can't seem to remember that Roberts and Alito gave little more than their name rank and serial number in their confirmation hearings, and studiously avoided answering any questions of substance, claiming that they didn't want to get into issues which "might" come before their court. Am I wrong, or are both of those Republican nominees now wearing black robes\....with Mitch McConnell's blessing

    July 2, 2010 05:16 pm at 5:16 pm |
  17. BinMESA

    Mitch McChinless thinks she is not qualified. Breaking news – NOT!. He can be thankful he does not have to pass a hearing like this. Pure political circus (you know what circus animals leave behind). That is all we get from these so called american patriots.

    July 2, 2010 05:16 pm at 5:16 pm |
  18. K

    As with Hatch's announcement, what a surprise. It is probably safe to say that no republicans will vote for her.

    July 2, 2010 05:19 pm at 5:19 pm |
  19. Lisa in FL

    Oh for God's sake, CNN. Are we really going to report every time a republican comes out voting against Hon. Kagan's confirmation? Why not just run one story, one time: "All republicans vote no for Elena Kagan." Period.

    July 2, 2010 05:20 pm at 5:20 pm |
  20. Sniffit

    Someone please explain to Murkowski that the geography of the situation is 100% irrelevant UNLESS all youre' trying to do is stir up resentment. As to whether she's qualified, it is meaningless. She's just going after the "we hate the northeast elitists" crowd.

    "The American people expect a justice who will impartially apply the law, not one who will be a rubberstamp for the Obama administration or any other administration."

    Yawn...and Roberts and Alito weren't rubber stamps for Bush? They APPOINTED him POTUS for christ's sake!

    July 2, 2010 05:21 pm at 5:21 pm |
  21. Sniffit

    Is it just me or do most of you also just here "meep...meep meep meep meeeeep!" whenever Mitch "Beaker" McConnell opens his partisan cakehole?

    July 2, 2010 05:22 pm at 5:22 pm |
  22. Henry Miller, Libertarian

    Kagan has made it clear, in what little written record she's left, that she's an advocate of a Big Government Nanny State to the extent that she's willing to ignore the Constitution to impose that on Americans. This, as far as I'm concerned, makes her unqualified to be a Supreme Court Justice.

    The only legitimate purpose of the Court is to uphold the Constitution–all of it. And that means the Justices can't ignore that pesky old Second Amendment because the think its supporters are indistinguishable from members of the KKK, or ignore the Tenth Amendment owing to an "expansive, but mainstream view of Congress' Powers."

    July 2, 2010 05:23 pm at 5:23 pm |
  23. quinn

    Mitch McConnell is KKK at heart. Just way out there.

    July 2, 2010 05:24 pm at 5:24 pm |
  24. Larry

    McConnell is on C.R.E.W.'s list of most corrupt politicians in Washington.

    People of Kentucky, are you awake? Haven't you had enough of this slime ball?

    July 2, 2010 05:25 pm at 5:25 pm |
  25. Fred in VA

    There is no disputing the fact that she is shady. Good call, folks.

    July 2, 2010 05:26 pm at 5:26 pm |
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