August 5th, 2010
01:42 PM ET
10 years ago

Brown to oppose Kagan for high court

Sen. Scott Brown will not vote in favor of confirmation for Elena Kagan to the Supreme Court.

Sen. Scott Brown will not vote in favor of confirmation for Elena Kagan to the Supreme Court.

Washington (CNN) – Republican Scott Brown will not vote for Elena Kagan, the Massachusetts senator announced Thursday, saying she lacks both the judicial and courtroom experience required of a Supreme Court justice.

"I cannot vote to confirm Elena Kagan. The reason is simple. I believe nominees to the Supreme Court should have previously served on the bench," Brown said in a statement. "Lacking that, I look for many years of practical courtroom experience to compensate for the absence of prior judicial experience. In Elena Kagan's case, she is missing both."

Kagan is expected to be confirmed Thursday as the 112th justice to the Supreme Court and could be sworn in to her judicial post by week's end.

Kagan has spent a substantial portion of her career in academia, a place that Brown views as lacking the real world gravitas of the nation's courtrooms.

"No classroom can substitute for the courtroom itself, where decisions are made that affect the day-to-day lives of American citizens, and where one's judicial character and temperament is shaped in favor of the fair and just application of the law," Brown said.

Five Republicans have so far signaled their intention to vote for Kagan, meaning the GOP doesn't have the strength in numbers in order to filibuster her nomination.

Only one Democrat, Sen. Ben Nelson of Nebraska, has announced his opposition.

A majority of Americans want the Senate to confirm Kagan to the Supreme Court, according to a CNN/Opinion Research Corporation poll released Tuesday. Fifty-four percent of people questioned say they would like to see senators vote in favor of Kagan's nomination, with 34 percent opposed.

Filed under: Elena Kagan • Popular Posts • Scott Brown • Supreme Court
soundoff (88 Responses)
  1. DS

    I guess this starts his reelection campaing, eh?

    August 5, 2010 01:43 pm at 1:43 pm |
  2. Save America, impeach the treasonous republicans

    I hope Brown does not support the other right wingnuts on the court for their lack of understanding of the constitution.

    August 5, 2010 01:47 pm at 1:47 pm |

    Alot this guy knows, some of the best justices weren't on the bench.
    Maybe Brown and Palin can run together in 2012, that way we'll be rid of the both of them.

    August 5, 2010 01:48 pm at 1:48 pm |
  4. Antonio

    Somebody should ask Brown wheteher he would have voted for Clarence Thomas, who was a corporate attorney with absolutely no courtroom experience until Bush 41 appointed him to the bench in order to set him up to fill Thurgood Marshall's position on the SCOTUS. Thomas was the most cynical of a long line of bad choice by GOP Presidents and should never have been confirmed.

    August 5, 2010 01:48 pm at 1:48 pm |
  5. RB

    Many Supreme Court justices have not had bench experience.

    Some would say some Senators should not have be elected in Massachusetts due to their lack of political experience...ahem

    August 5, 2010 01:49 pm at 1:49 pm |
  6. Jacob

    who cares? we don't need his vote!

    August 5, 2010 01:50 pm at 1:50 pm |
  7. harvey 60

    can't wait to see if Brownie votes for someone without judicial experience if his mentor Romney gets in the WH

    August 5, 2010 01:52 pm at 1:52 pm |
  8. Voice of Reason

    ...And this freshman congressman – AKA the deluded centerfold meathead – has no standing to make a judgement. This guy has no experience, either. He and Sarah Palin can continue to make amazingly hypocritical criticisms, but it's just more braying and pandering to the delusional segment of the right-wing.

    August 5, 2010 01:53 pm at 1:53 pm |
  9. Florida Joe

    No problem Scott.....the voters of MA will choose not to vote for you in about 3 years...........We need a Democrat back in Ted's seat...can only hope Ed Markey will run..................

    August 5, 2010 01:53 pm at 1:53 pm |
  10. Dutch/Bad Newz, VA

    Scott Brown is making sure that he get's on the bad side of the Boston elite. You just shot yorself in the fot old Scotty boy.

    August 5, 2010 01:54 pm at 1:54 pm |
  11. dejah_thoris

    Interesting. Kagan has more experience than some justices who have served, but then again, some of THEM were beloved of the GOP - a party that doesn't respect experience and knowledge, but rather requires its appointees and the rest of us to swallow their one-world, my way or the highway way of doing business.

    Brown, you're a lightweight anyway. By your estimates, YOU shouldn't be in office, either... speaking of lack of experience.

    August 5, 2010 01:54 pm at 1:54 pm |
  12. snow

    A "flunkie" nominated by a "failure" and will be confirmed by alot of people who will not be re-elected.

    August 5, 2010 01:56 pm at 1:56 pm |
  13. annie s

    Scott Brown is a fool if that is his true reason – many outstanding Supreme Court Justices never served as judges. And Ben Nelson isn't really a Democrat anyway.

    August 5, 2010 01:56 pm at 1:56 pm |
  14. Steve in Denver

    Shocker! A Republican will oppose something or someone? Alert the media!

    August 5, 2010 01:58 pm at 1:58 pm |
  15. "I believe that nominees to the Court should have previously served on the bench". . .

    So says the uniquely unqualified Senator from Mass.

    August 5, 2010 01:59 pm at 1:59 pm |
  16. Video Guy

    That's nice. Walk in lock step with the rest of idiots.

    August 5, 2010 02:00 pm at 2:00 pm |
  17. Riley

    I would vote "HELL NO", if I had the choice.

    August 5, 2010 02:00 pm at 2:00 pm |
  18. Neal

    And she hasn't appeared in Playgirl either. Oh, but that's only a requirement to be a senator!

    August 5, 2010 02:02 pm at 2:02 pm |
  19. dick delson

    Pls. tell me about Chief Justice Roberts qualifications. He flubbed the oath of office when he tried to administer it to Obama. He is yet another right wing boob..

    August 5, 2010 02:02 pm at 2:02 pm |
  20. T'SAH from Virginia

    Okay – that's an EASY vote for him that is SAFE and should not cause too much attention!! Kagan will still be CONFIRMED and Brown will move on!

    His voting record thus far leans more to the middle/left and it pisses off the right and the Tea Party like crazy!!! So we will let this one fly but still keep an eye on him.

    August 5, 2010 02:04 pm at 2:04 pm |
  21. diridi

    Scott Brown is a two month old kid in believe him....what a jerk....he is....

    August 5, 2010 02:05 pm at 2:05 pm |
  22. Need new leadership

    ...I wished he'd have opposed the financial 'reform' bill. That bill is going to raise rates, fees and taxes–without addressing the real cause of the financial meltdown (Freddie, Fannie, Barney Frank, Chris Dodd and government-mandated lending).

    August 5, 2010 02:05 pm at 2:05 pm |
  23. mark nyc

    but if she were chosen by a republican, he would be the first to congratulate her. what a tool.

    August 5, 2010 02:05 pm at 2:05 pm |
  24. Victim of Puritan-Fascists

    Scott Brown isn't qualified either and has even less experience. Posing for semi-nude centerfold shots in Cosmopolitan doesn't count.

    August 5, 2010 02:07 pm at 2:07 pm |
  25. hypocricnnation

    Whoa! What A Surprise! The Same Senator Scott Brown R-Massachsetts Who Declared He Would Be The 41st Vote Against Health Care (And It Passed Anyway!), The Same Scott Brown Who Voted Against Financial Reform Against Wall Street (By The Way, That Was Passed Too!). So Why Is This Really News Again? Oh I Get It, Because HypocriCNN! Says So!

    August 5, 2010 02:09 pm at 2:09 pm |
1 2 3 4