Senator Orrin Hatch of Utah has become the first member of the Senate Judiciary Committee to come out against Elena Kagan’s Supreme Court nomination on Friday. Hatch cited her “activist judicial philosophy,” saying, “Over nearly 25 years, General Kagan has endorsed, and praised those who endorse, an activist judicial philosophy. I was surprised when she encouraged us at the hearing simply to discard or ignore certain parts of her record. I am unable to do that.” Kagan still figures to be confirmed, as Republicans do not appear ready to filibuster her, despite their opposition.
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