Bork Says Kagan Lacks ‘Mature Philosophy’ Needed in a Justice; Says Court is Becoming ‘Committee of Ideologues’

June 24, 2010 18:08


Bork added that this lack of judicial maturity poses a “danger” for the country should Kagan be confirmed because she cannot have developed in academia the “prudence” needed to be an effective judge.

By Matt Cover at CNSNews.com


(CNSNews.com) – Former federal appellate judge and Supreme Court nominee Robert Bork says Elena Kagan lacks the “mature philosophy of judging” needed to be a Supreme Court justice and that the Supreme Court is “drifting” toward becoming “a committee of ideologues.”

In a Wednesday conference call sponsored by Americans United for Life, Judge Bork said Kagan still displays the tendencies of a young constitutional lawyer with “inflated dreams” of what constitutional law can and should accomplish.

“It is typical of young lawyers going into constitutional law that they have inflated dreams of what constitutional law can do, what courts can do,” Bork said. “That usually wears off as time passes, as they get experience.”

But Kagan “has not had time to develop a mature philosophy of judging,” he added.

Kagan, 51, is the solicitor general of the United States and the former dean of the law school at Harvard University. She has never served as a judge in any professional or legal capacity.

Bork added that this lack of judicial maturity poses a “danger” for the country should Kagan be confirmed because she cannot have developed in academia the “prudence” needed to be an effective judge.

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