1st Socialist on Supreme Court? Kagan Likely to Face Scrutiny for Views on Socialism, Military Recruitment on Campus, Senate Review of Judicial Candidates

May 11, 2010 07:58


Elena Kagan, Obama‘s nominee to the Supreme Court, wrote more than a decade ago that the Senate should subject judicial nominees to more scrutiny. She also opposed military recruiters on the Harvard campus and wrote positively about the Socialist Party in America.

By Fred Lucas at CNSNews.com


Elena Kagan, the nominee to fill the U.S. Supreme Court seat being vacated by retiring Justice John Paul Stevens, wrote more than a decade ago that the Senate should subject judicial nominees to more scrutiny. She also opposed military recruiters on the Harvard campus and wrote positively about the Socialist Party in America.

In 1995, for example, Kagan wrote that the easy Senate confirmations of President Clinton’s Supreme Court nominees Stephen Breyer and Ruther Bader Ginsburg lacked “seriousness and substance.”

“When the Senate ceases to engage nominees in meaningful discussion of legal issues, the confirmation process takes on an air of vacuity and farce,” she wrote in the University of Chicago Law Review in 1995 in an article entitled “Confirmation Messes, Old and New.”

Barring a filibuster, the 59-seat Democratic Senate majority will likely confirm Kagan, the U.S. solicitor general, whose job is to argue for the government in front of the U.S. Supreme Court.

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