“In her testimony this week, Ms. Kagan acknowledged that it is ‘difficult to take off the advocate’s hat and put on the judge’s hat.’  That difficulty is particularly acute for someone like Ms. Kagan, who has spent so much of her adult life practicing the art of political advocacy rather than practicing law.”

Washington, D.C. – U.S. Senate Republican Leader Mitch McConnell made the following statement Friday regarding his intent to oppose the confirmation of Elena Kagan’s nomination to the Supreme Court:

“In her testimony this week, Ms. Kagan acknowledged that it is ‘difficult to take off the advocate’s hat and put on the judge’s hat.’  That difficulty is particularly acute for someone like Ms. Kagan, who has spent so much of her adult life practicing the art of political advocacy rather than practicing law.

“Unfortunately, Ms. Kagan failed to explain how she could overcome that difficulty, falling well short, in fact, of meeting her own standard for providing the Senate helpful testimony.  She was far from forthcoming in discussing her own views on basic principles of American constitutional law.  For example, she refused to repudiate her alarming position in the Supreme Court that the federal government can ban core political speech if it dislikes the speaker, including speech with a long and venerable history in our country, like political pamphlets.

“I do not have confidence that if she were confirmed to a lifetime position on the Supreme Court she would suddenly constrain the ardent political advocacy that has marked much of her adult life.  The American people expect a justice who will impartially apply the law, not one who will be a rubberstamp for the Obama administration or any other administration. For these reasons, I will oppose Ms. Kagan’s confirmation.”

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