President barack obama has confronted republican wall

June 28th, 2010|Sasha James
Senate

But at least a few members of the opposition party are expected to join Democrats and approve his nomination of Kagan, 50, to replace retiring Justice John Paul Stevens, 90, the courts leading liberal.

Senator Jeff Sessions, the top Republican on the Judiciary Committee that will hold the hearings, made it clear that Kagan can expect tough questioning on whether she has what it takes to be a Supreme Court justice.

This is a confirmation, not a coronation, said Sessions, appearing on Sunday on CBSs Face the Nation.

She has the least experience of any nominee at least in the last 50 years, Sessions said.

Kagan has served the past year as Obamas U.S. solicitor general. In that post she represented the U.S. government in cases before the court she now seeks to join. She earlier served as Harvard Law Schools first woman dean, and in the 1990s was an attorney in the Clinton White House.

If confirmed, Kagan would be the first new member of the Supreme Court in nearly 40 years who has never been a judge.

As I examine some of the arguments that have been floated against her nomination over the last several weeks, its pretty thin gruel, Obama told reporters at the end of the Group of 20 summit in Toronto on Sunday.

Having said that, I expect that my Republican colleagues and my Democratic colleagues should ask her tough questions, listen to her testimony, go through the record, go through all the documents that have been provided to the Senate Judiciary Committee, and then vote their conscience, Obama added.

A BRILLIANT WOMAN

Republican critics question if Kagan is more driven by politics than law. But Democratic backers call her a perfect fit for the highest U.S. court.

Her nationally broadcast Senate confirmation hearing is set to begin at 1230 p.m. EDT.

Senate Judiciary Committee Chairman Patrick Leahy, a Democrat who will preside over the anticipated five-day hearing, accuses Kagans opponents of grasping for straws.

Noting Kagan will answer critics at her hearing, Leahy told CBS TVs Face the Nation Youre going to see a brilliant woman, a brilliant legal mind, and youre going to see somebody who is going to be the 112th justice of the U.S. Supreme Court.

With Democrats and Republicans jockeying for position in advance of the November congressional elections, Republicans are poised to portray Kagan as placing her opinions above the law and the Obama administration as favoring big government.

Democrats are set to counter by painting the Supreme Courts current conservative majority as favoring corporations over ordinary Americans.

While the hearing begins on Monday, questioning of Kagan is set to start on Tuesday.

The opening day is to be dominated by opening statements by the committees 19 senators and then by Kagan.

Leahy has said he expects the full Senate to confirm Kagan before lawmakers begin their August recess.

If confirmed, Kagan would be Obamas second high-court appointee, following Sonia Sotomayor, who won Senate confirmation last year with the help of nine Republicans in a 68-31 vote, becoming the first Hispanic U.S. Supreme Court justice.

Editing by David Alexander and Todd Eastham source