Kagan acknowledges she’s ‘generally progressive’

June 30, 2010

Posted by Lisa Keen on keennewsservice.com:

“'I honestly don’t know what that label means,' said Kagan, in response to a question from the ranking minority member, Senator Jeff Sessions of Alabama, as to whether a former colleague was correct when he identified her as a 'legal progressive.'

“'I think people should be allowed to label themselves,' said Kagan. 'I don’t know what that label means, and I’m not going to characterize it one way or another.' She also noted that her political views would be a matter separate from what her views would be concerning the constitutionality of a law.

“'Well, it means something,' said Sessions, 'and I would have to classify you as someone in the theme of a legal progressive.'

"Later in the day, Senator Tom Coburn (R-Okla.) later said he didn’t know what a progressive is either but that he thinks she’s a liberal. Senator Lindsey Graham (R-SC) asked her whether she is a 'progressive in the mold of Obama himself.'

"Kagan said she’d been a Democrat all her life, worked for two Democratic presidents, and 'that’s what my politics are.'

"Graham pressed again, asking whether she’s 'progressive.'

“'My political views are generally progressive,' acknowledged Kagan.

... "...much of Day One, June 28, of the confirmation hearing was taken up with partisan bomb-throwing, in between remarks in praise of Senator Robert Byrd (D-WVa.), the Senate’s longest serving member, who died very early Monday morning.

"The political sideshows on Monday may have been due in part because so many political pundits have declared Kagan’s confirmation is virtually inevitable; it may also have been due to the fact that confirmation hearings have become a somewhat predictable series of thrusts and parries with a nominee.

"Kagan’s own opening statement on Monday was unremarkable except, perhaps, for the fact that she did not make the traditional introductions of individual family members. Kagan’s parents are deceased, but her two brothers were in the confirmation hearing with her. Instead of introducing them, Kagan, who is not married, simply thanked the 'family, friends, and students' who had joined her in the confirmation room and then turned around and looked down a row of people sitting behind her. Republicans made clear on Monday that they would seek to portray Kagan as anti-military, lacking in judicial experience, and inclined toward 'activism.'

"Responding to questions about 'activist judges,' from Senator John Cornyn (R-Texas), Kagan said she thinks judges are 'always constrained by the law' where the text is clear. But where the text is not clear, said Kagan, judges must look to other 'sources of law,' including original intent and 'continuing history and traditions.'

"Senator Jon Kyl (R-Ariz.) said he has 'substantive concerns' about Kagan’s views on the freedom to marry and other issues. The only other mention of marriage equality in the first two days of the five-day hearing came from Senator Sheldon Whitehouse (D-R.Is.). Whitehouse took the occasion of his opening statement Monday to criticize the current Supreme Court for having taken the 'extraordinary' action of 'inject[ing] itself into the day-to-day business of the lower courts, issuing an extraordinary ruling prohibiting the online streaming of the marriage equality trial in San Francisco.'”

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