Archive

The Right Reacts

President Obama introduced Elena Kagan this morning as his pick to replace John Paul Stevens on the Supreme Court. Will the right put up a fight? Reactions from conservatives to the pick.

articles/2010/05/10/the-right-reacts/sarlin-kagan-nomination_99616_kvff2i
President Barack Obama waves as he is joined by Vice President Joe Biden while introducing Solicitor General Elena Kagan as his choice to be the nation's 112th Supreme Court justice on May 10, 2010 in Washington, DC. If confirmed by the U.S. Senate, the f
articles/2010/05/10/the-right-reacts/sarlin-kagan-nomination_99616_qfdjo7

Elena Kagan begins her Senate confirmation hearings to replace John Paul Stevens on the Supreme Court this week. Will the right put up a fight? Reactions from conservatives to the pick. Plus, read our full coverage of Elena Kagan

President Obama's pick of Elena Kagan is regarded by many as a centrist choice, but conservatives are seizing on her lack of a paper trail to raise questions about her judicial philosophy. The Daily Beast rounded up early statements and interviews from top conservative lawmakers, activists, and pundits to gauge the right's likely strategy for her nomination.

"We find a lot of things troubling about her record, but we're not sure we could make a final call yet...the trouble is it's a very thin record. You need to have some indication other than a pat on the back from the president that this is someone who has a sound judicial philosophy. If all we know is that Obama likes her judicial philosophy then that itself is very problematic since he's interested in judicial activism, in a judge who will substitute "empathy" for the law in tough judicial cases, and that's not what the American people want."— Carrie Severino, Chief Counsel and Policy Director of Judicial Crisis Network, conservative activist group, in an interview with The Daily Beast

ADVERTISEMENT

"I don't think she's a bad person, I don't think she's a dishonest person, I do think her behavior at Harvard Law School with military recruiters is at least something she needs to defend."— Bill Kristol on Fox News

"There is no doubt that Ms. Kagan possesses a first-rate intellect, but she is a surprising choice from a president who has emphasized the importance of understanding 'how the world works and how ordinary people live.' Ms. Kagan has spent her entire professional career in Harvard Square, Hyde Park, and the D.C. Beltway. These are not places where one learns 'how ordinary people live.' Ms. Kagan is likewise a surprising choice because she lacks judicial experience. Most Americans believe that prior judicial experience is a necessary credential for a Supreme Court Justice."— Senator John Cornyn (R-TX), member of Senate Judiciary Committee

Read Our Full Coverage of Elena Kagan

Paul Campos: Kagan Doesn’t Deserve It"Solicitor General Kagan has a strong academic background in the law. I have been generally pleased with her job performance as Solicitor General, particularly regarding legal issues related to the War on Terror. I look forward to meeting her again, this time to discuss her qualifications to sit on the highest court in the land. " — Senator Lindsey Graham (R-SC), member of Senate Judiciary Committee

"We are extremely disappointed by the President's nomination of Elena Kagan to the Supreme Court. Kagan's nomination is a triumph for liberal ideology and judicial activism. She has never been a judge, nor written a judicial opinion. In fact, she has very limited experience in the actual practice of law. Her resume reveals her to be an academic who has served liberal judges, liberal presidents, and liberal universities. Her entire career has been lived in a narrow slice of the judicial spectrum .Even with her sparse legal record, one thing stands out—her emotional and legal commitment to the LGBT agenda." — Tom Minnery, Vice President of Public Policy, Focus on the Family, social conservative activist group

"In her fervent opposition to the Don’t Ask, Don’t Tell law and the Solomon Amendment, Kagan elevated her own ideological commitment on gay rights above what Congress, acting on the advice of military leaders, had determined best served the interests of national security. At a time of war, in the face of the grand civilizational challenge that radical Islam poses, Kagan treated military recruiters worse than she treated the high-powered law firms that were donating their expensive legal services to anti-American terrorists." —Ed Whelan, Commentator on National Review Online

"Her decision in effect to put her own gay rights agenda over U.S. law... is certainly troubling." — Senator Jon Kyl (R-AZ) on FOX News, member of Senate Judiciary Committee who voted for Elena Kagan as Solicitor General

“I congratulate Elena Kagan on her nomination. As we did with Justice Sotomayor last year, Senate Republicans will treat Ms. Kagan fairly. She has been nominated for a lifetime appointment on the nation’s highest court, and we will carefully review her brief litigation experience, as well as her judgment and her career in academia, both as a professor and as an administrator. Fulfilling our duty to advise and consent on a nomination to this office requires a thorough process, not a rush to judgment." — Senate Minority Leader Mitch McConnell (R-KY)

“I will examine Ms. Kagan’s entire record to understand her judicial philosophy. My conclusion will be based on evidence, not blind faith. Her previous confirmation, and my support for her in that position, do not by themselves establish either her qualifications for the Supreme Court or my obligation to support her. I have an open mind and look forward to actively participating in the confirmation process." — Senator Orrin Hatch (R-UT), member of Senate Judiciary Committee who voted for Elena Kagan as Solicitor General

“Over the past year, the American people have been witness to President Obama’s massive expansion of the federal government into our daily lives. To assure the American people, President Obama’s Supreme Court nominee, Elena Kagan, will need to demonstrate that she is committed to upholding the vision of our Founding Fathers, who wrote a Constitution meant to limit the power of government, not expand it. The president has stated repeatedly that he wants a justice who will understand the effects of decisions on the lives of everyday Americans. But what Americans want is a justice who will stay true to the Constitution and defend the rights of all Americans, adhering to the rule of law instead of legislating from the bench. Given Kagan’s opposition to allowing military recruiters access to her law school’s campus, her endorsement of the liberal agenda and her support for statements suggesting that the Constitution 'as originally drafted and conceived, was defective,’ you can expect Senate Republicans to respectfully raise serious and tough questions to ensure the American people can thoroughly and thoughtfully examine Kagan’s qualifications and legal philosophy before she is confirmed to a lifetime appointment.” — Michael Steele, RNC Chairman

Got a tip? Send it to The Daily Beast here.