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. luis Cruz

    Why does anyone even what this clueless woman has to say? For someone who let down a state by quitting, she sure has alot to say. Note to Palin: SHUT YOUR BIG FAT MOUTH UP ALREADY. You've already been uncovered to be a fraud. Take care of your disfunctional family.

    August 5, 2010 02:09 pm at 2:09 pm |
  2. JonDie

    Scott Brown = lame

    August 5, 2010 02:10 pm at 2:10 pm |
  3. ConstitutionalPatriot

    This woman cannot rule fairly and without political prejudice. That is abundantly clear by her juvenile bad guy remarks regarding one of America's oldest civil rights organizations the NRA. She will be another rubber stamp for big government and it's march toward socialism/communism and the police state that comes with both! Take our country back from the special interests served by democrat and republican alike, elect Ron Paul president in 2012!

    August 5, 2010 02:11 pm at 2:11 pm |
  4. carlos

    the drugster blimp told him to vote no and he faithfully abeyed.......sicko

    August 5, 2010 02:12 pm at 2:12 pm |
  5. Gary, Hunt Valley, Md.

    Never mind that William Rehnquist never served on the bench, and rose up to become Chief Justice, and no doubt a hero of Senator Brown's.

    August 5, 2010 02:12 pm at 2:12 pm |
  6. Former Republican, now an Independent

    This coming from a Freshman Senator who is vastly unqualified as a Senator. Looks like Brown has stuck his foot in his mouth once again.

    August 5, 2010 02:12 pm at 2:12 pm |
  7. Jon

    Brown is 100% right on the spot that this lady does not have any minimal experience in courtroom or judicial practice to be a judge at the high court. If you simply look at Obama, who has never run a cornor shop, a small business, a salon, a classroom, a factory, a farm, oh my god, absoluate nothing before he became the president. See what the mess now for our country!

    August 5, 2010 02:15 pm at 2:15 pm |
  8. Larry

    LOL. The republicans and their useless rhetoric.

    She's going to be approved anyway.

    August 5, 2010 02:20 pm at 2:20 pm |
  9. Darth Vadik, CA

    Don't get too used to that seat Brown 😉

    August 5, 2010 02:21 pm at 2:21 pm |
  10. Blkman

    So when did Congress (republicans in speicific) start given a rats putti about "what the American people want"?

    August 5, 2010 02:23 pm at 2:23 pm |
  11. The Truth Will Set All FREE

    Scott the BROWN SNAKE!

    August 5, 2010 02:23 pm at 2:23 pm |
  12. george from alaska

    i refuse to read any of the palin "articles". please stop forcing us to read the headlines when browsing the news. she is not news. all these "articles" are bought and paid for ads by the fruitcake fringe. i'm from alaska. palin is not anti-government. she wants to move our state capital (and ruin thousands of juneau families financially) next to her home in wasilla. you palin worshipers in the lower 48 (no we definitely don't worship her up here in alaska) need to start taking your psych meds.

    August 5, 2010 02:25 pm at 2:25 pm |
  13. Aaron

    Never thought I'd agree with a repub, but Brown does have a valid point without even stirring up the never-ending ideological arguments that the confirmers generally try to play.

    August 5, 2010 02:30 pm at 2:30 pm |
  14. Ellid

    Yet another in the hundreds reasons I have not to vote for this idiot in 2012. Ted Kennedy must be rolling in his grave.

    August 5, 2010 02:30 pm at 2:30 pm |
  15. Gil

    Gee, for awhile I thought Scott wasn't another republican Party of No zombie! Guess I was wrong they got him spouting the No real good now! Do nothing Party!

    August 5, 2010 02:32 pm at 2:32 pm |
  16. talis4

    Perhaps if senator brown spent less time posing for magazines, and more time studying the history of the court, he'd realize that a large number of our Justices were appointed without prior judicial experience (even some right wing morons).

    August 5, 2010 02:34 pm at 2:34 pm |
  17. GL

    He is just trying to make a name for himself. I guest he will be also running for President in 2012.

    August 5, 2010 02:34 pm at 2:34 pm |
  18. Jaxsax

    Yeah, and he was elected with no experience to the Senate and he has lot more influence over the daily lives of most Americans than Kagan. What were his qualifications...a freakin truck? Well yee HAW! He has a nerve. Maybe we need a literacy test for elected officials, maybe a probation period perhaps where the voters can unelect you in a year.

    August 5, 2010 02:35 pm at 2:35 pm |
  19. John D

    According to CNN a majority wants her. WHAT A LIE!!! This rag is as useless as MSNBC!!! Lying left wing bigots who will do and say anything to get their way because they are really afraid that their run is over. It will not be lying as business as usual anymore.

    August 5, 2010 02:35 pm at 2:35 pm |
  20. robert

    Like Mr. Brown had so much experience as a senator......what an idiot

    August 5, 2010 02:37 pm at 2:37 pm |
  21. Sniffit

    "The reason is simple. I believe nominees to the Supreme Court should have previously served on the bench,"

    That's the cop-out talking point justification and nobody but a true-believer member of the GOP's lowest common denominator buys that it's the real reason he's voting 'no." 40 of the Justices never sat the bench...that's 36%, so we're not talking about it being some crazy, de minimis exception to the rule. Last one who never sat the bench before being appointed: CHIEF Justice Rehnquist. The GOP and conservatives can go smoke some pole.

    August 5, 2010 02:39 pm at 2:39 pm |
  22. Laverne

    Who is this guy anyway! Never even heard of him before he won the primary. Everbody does not need to be from the bench, it's called diversity idiot!

    August 5, 2010 02:39 pm at 2:39 pm |
  23. Republicans is smart in the head area

    It's called having it both ways. He knows she's a shoe-in so he can safely vote against her to burnish his 'conservative' credentials. He's a Pander Bear.

    August 5, 2010 02:40 pm at 2:40 pm |
  24. scott

    scott brown is showing his true right wing colors massachusetts so show him the door n 2012!!!!

    August 5, 2010 02:40 pm at 2:40 pm |
  25. elPancho

    Did anyone show this guy the rule book? Experience is not required. Look at the justices who ruled on Brown v. Board of Education of Topeka – none of them had any experience and look at the impact they made!

    August 5, 2010 02:45 pm at 2:45 pm |
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