Congress: Kagan's big day

MSNBC.com's Carrie Dann previews the Kagan hearings, which begin today. "It's hard to find a political operative in the know, Republican or Democrat, who would place a bet against Elena Kagan's eventual confirmation as a Supreme Court justice. But her likely success as a nominee does not mean this week's debate over the former Harvard Law School dean and U.S. Solicitor General's confirmation to the high court isn't worth watching." More: "With the 2010 midterm elections approaching, both sides hope to use the hearings as a canvas on which to paint broad themes about their parties' governing philosophy."

"For weeks leading up to the start of Elena Kagan's Senate confirmation hearings Monday, Republicans have struggled to find a compelling line of attack to take against the Supreme Court nominee. But their efforts to wield an effective cudgel against President Obama's second nomination to the country's highest court have largely failed," the Washington Post says. "In a month of oil spills and Afghan tumult, the Kagan nomination is one effort that has gone seamlessly for the White House. In part, participants say, that is precisely because it has been overshadowed by a flood of other events that have consumed Congress and kept Republicans from mounting a more muscular front against her. But it is also a measure of how skilled operatives have become at managing the process -- and choosing nominees who are notable in part for their political blandness."

The AP: "Elena Kagan will be making the argument of her life on Monday when she faces a Senate panel on her confirmation to the Supreme Court. Kagan's chances are bright as she heads into a marathon week of high-pressure vetting before the Senate Judiciary Committee, pressing to portray herself as a mainstream, impartial addition to the court. She's set to break weeks of public silence Monday afternoon in sworn testimony before the panel. Democrats have more than enough votes to confirm her. Republicans have shown no inclination to try to block such a vote, although some conservative interest groups are urging them in increasingly vocal ways to do so."


Sunday's New York Times said the hearings could end up pitting Obama vs. John Roberts. "At Supreme Court confirmation hearings, the nominee is usually the star. But Elena Kagan may well be a supporting player in a drama featuring two men not even there: President Obama and Chief Justice John G. Roberts Jr. With an eye on the midterm elections, Democrats will use Ms. Kagan's hearings, which begin Monday, to put the Roberts court on trial by painting it as beholden to corporate America. Republicans will put Mr. Obama on trial over what they view as his Big Government agenda, and will raise questions about whether Ms. Kagan, his solicitor general and former dean of Harvard Law School, is independent enough to keep that agenda in check."

NPR's Nina Totenberg: "The Senate Judiciary Committee opens hearings Monday on the nomination of Solicitor General Elena Kagan to the U.S. Supreme Court. So far, Republican attempts to arouse controversy about Kagan have gained little traction, but this week marks the main event. Kagan's supporters admit privately that if there is a silver lining to the Gulf oil spill, it is that Kagan has been able to sail unscathed beneath the news radar screen for the seven weeks since her nomination. For more than a month, Republicans have been hurling themselves at the Kagan appointment, with about as much effect as hurling themselves at a brick wall. The critiques include her lack of judicial experience, her Clinton White House tenure and her deanship at Harvard Law School. All preview the GOP lines of attack."

Discuss this post

Despite the fact that Kagan is eminently qualified, the GOP is still fixated on finding ANY way to discredit her and create some sham of an excuse to stall or block her confirmation. I think it is rather funny that the GOP has spent so much time and effort on sliming Kagan and calling her credentials and experience into question.

The corporate apologists in the GOBP have been gesticulating and screaming so loud about the government "shakedown" of BP that they have overshadowed and drowned out their own rhetoric on Kagan to the point where the public is essentially apathetic to their arguments.

Does this bode well for the GOBP plans and strategy for the fall elections? Does anyone in the GOBP understand the difference between strategy and tactics? Maybe Chuckie and ITM can offer some military insights into what the GOBP consider to be strategy and the tactics necessary for success in November. I would dearly love to hear what they have to say...

  • 1 vote
Reply#1 - Mon Jun 28, 2010 9:39 AM EDT

Disgusted,

President Obama could have nominated Moses and those on the right would want to see his Birth Certificate and some "Let me see your papers". I think she will clear muster ok. The arguments from the opposition is kinda weak at best.

    Reply#2 - Mon Jun 28, 2010 9:43 AM EDT

    You have to admit that watching the political posturing about Kagan is humorous. Jeff Sessions made sure he got the usual talking points on the table--political activism, no experience, the dems do it. Suprisingly, the media hasn't been as focused on Kagan as they were Sotomayor--last summer the chatter was weeks of "wise, Latino woman". The only explanation I have is the Senators are worn out from a year of either filibustering for the sake of filibuster or fighting the filibuster. I know it makes me tired watching the Senate try to function and failing because one or two people think they are Kings.

      Reply#3 - Mon Jun 28, 2010 9:44 AM EDT

      The repugnant ones have no real arguments to make against Elena Kagan so they resort to the stale old she's not qualified or she's a political activist. How hypocritical since the four corrupt radical subversive conservative supreme court jesters have shown they are more than willing to legislate from the bench and play politically subversive games to destroy our Secular Democracy any way they can to benefit their own political party. Elena Kagan will get confirmed despite all the filibuster blather being bandied about by the dopes of nope but in the end they will cave in like the cowards they are.

      Bet the repugnant ones are peeved that their petty partisan whines are falling on deaf ears with the citizens. Just goes to show that real Americans are getting sick and tired off all the petty partisan whining and obstructionist rants from the Great Right Liars.

      • 2 votes
      Reply#4 - Mon Jun 28, 2010 9:55 AM EDT

      Once again Jeff Sessions will make a fool of himself! And cause everyone to hate Republicans even more ! Its guys like him McCain / Boehner //Kantor/McConnel all these old "Crackers" who are long past their usefullness...They are .....why as a Republician i want to have term limits 2 in a lifetime RETRO ACTIVE !!

      KICK THESE BUMS OUT !!!

      Give America back to the people...

        Reply#5 - Mon Jun 28, 2010 11:19 AM EDT

        Here are some Kagan myths and facts from Media Matters (abbreviated)

        MYTH: Kagan banned military recruiters from Harvard

        Wash. Times: "Kagan banned military recruiters from campus"

        REALITY: Harvard students had access to military recruiters during Kagan's entire tenure as dean

        Kagan consistently followed the law, and Harvard students had access to military recruiters during her entire tenure as dean.

        Harvard's nondiscrimination policy applied to all employers, not just the military.

        MYTH: Kagan is "hostile" toward Second Amendment

        Erickson: Kagan is "hostile to Second Amendment rights."

        Malkin: "Kagan's hostility to the 2nd amendment is certain to be raised by Republicans."

        REALITY: Kagan's views on Second Amendment are within the mainstream

        Report: In 1987 memo, Kagan wrote she was "not sympathetic" to argument that Second Amendment protected civilian gun rights.

        Scalia agrees with Kagan that Second Amendment rights are "not unlimited."Scalia agrees with Kagan that Second Amendment rights are "not unlimited."

        Myth: Kagan is unqualified because she hasn't been a judge

        FoxNews.com forwards Sessions' "concerns about Kagan's level of experience," including that she "does not have a judicial background."

        REALITY: Kagan's experience is comparable to conservative justices, and at least 38 justices had no judicial experience before being nominated to the court

        Kagan's legal experience is comparable to that of conservative justices, and experts agree that she is qualified for the Supreme Court.

        REALITY: Kagan's experience is comparable to conservative justices, and at least 38 justices had no judicial experience before being nominated to the court

        Kagan's legal experience is comparable to that of conservative justices, and experts agree that she is qualified for the Supreme Court.

        ABA gave Kagan its highest rating: well qualified.

        MYTH: Kagan's praise for an Israeli Supreme Court justice is outside the mainstream

        NY Post forwards conservative criticism of Kagan for reportedly calling Barak "my judicial hero."

        REALITY: Prominent conservatives have praised Barak as well

        Kagan is not alone in praising Barak -- prominent conservatives have praised him as well.

        REALITY: Prominent conservatives have praised Barak as well

        Kagan is not alone in praising Barak -- prominent conservatives have praised him as well.

        Go to Media Matters for the full report.

          Reply#6 - Mon Jun 28, 2010 11:27 AM EDT

          At this time iN Presidents Bushs first term, only 13 of his nominations had not been confirmed. Today there over 100 of President OBamas' nomination still waiting. The lastest to gain a vote had been on a secret hold for over a year but was confirmed 90-0. 90 to 0? You mean not even the guy who had her on secret hold voted against her? Check the roll call on the vote. There were 10 no-votes. See who voted present or didn't vote at all and why they didn't. You can pretty much figure out who had the hold on her.

          With this kind of nonsense going on, does anyone think they can't drag out Kagans confirmation.

            Reply#7 - Mon Jun 28, 2010 1:18 PM EDT
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