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  • Elena Kagan

    The Senate Debate on Elena Kagan Has Begun

    The Senate today commenced debate on the nomination of Elena Kagan to serve a lifetime appointment on the U.S. Supreme Court.  The debate opened with Senator Patrick Leahy (D-VT), Chairman of the Senate Judiciary Committee setting the tone for liberals in the Senate.  The debate expected to last until the … More

    Live Blogging the Kagan Confirmation: Day Four

    7:30 Alt on Kagan’s Activism and Willingness to Interpret the Constitution based on Foreign Law Robert Alt entered into the record a written statement in support of his testimony before the Senate Judiciary Committee this evening. Alt’s statement explains why Kagan’s activism calls into question her fitness for a lifetime … More

    Morning Bell: The Limitless Power of the Obama-Kagan Congress

    This Sunday, our nation will celebrate Independence Day, which commemorates the Continental Congress’ adoption of the Declaration of Independence on July 4, 1776. Thomas Jefferson’s Declaration preamble reads: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain … More

    The Kagan Confirmation: Day Three Summary

    In Day Three questioning of Supreme Court nominee Elena Kagan, conservative senators continued to press for clear, forthright answers to resolve the serious questions surrounding Kagan’s unlawful policy on military recruiting at Harvard Law School and her views on the reach of federal power to regulate details of American life, … More

    Justice Scalia Could Help Senator Feinstein Understand the Clean Water Act

    In her questioning of Elena Kagan yesterday, Sen. Dianne Feinstein (D-CA) asked about the degree to which courts should defer to agency constructions of statutes, pointing to a 2006 Supreme Court decision regarding the Clean Water Act (CWA) that left intermittent seasonal streams unprotected. Kagan told Senator Feinstein she did … More

    Live Blogging the Kagan Confirmation: Day Three

    Deputy Director of the Center for Legal and Judicial Studies at The Heritage Foundation Robert Alt is scheduled to testify as a minority witness this Thursday before the Senate Judiciary Committee’s hearing on the nomination of Elena Kagan to be an Associate Justice of the Supreme Court of the United … More

    The Kagan Confirmation: Day Two Summary

    Day two of the Elena Kagan confirmation hearings saw a little less posturing than yesterday’s opening salvos by Senators bent on diverting attention from Kagan’s record by excoriating the current Supreme Court and falsely characterizing it as a bunch of “conservative activists.” Unfortunately, there was the same lack of meaningful … More

    Is Kagan Really More Liberal than Justice Brennan?

    Elena Kagan is a notably opaque Supreme Court nominee. In order to perform their constitutional function, the members of the Senate will have to reach a conclusion about her views and whether they are in the mainstream. Certain of the documents that she has generated give clues that lead to disturbing answers. … More

    Live Blogging the Kagan Confirmation

    Deputy Director of the Center for Legal and Judicial Studies at The Heritage Foundation Robert Alt is scheduled to testify as a minority witness this Thursday before the Senate Judiciary Committee’s hearing on the nomination of Elena Kagan to be an Associate Justice of the Supreme Court of the United … More

    What's in the Missing Kagan Documents?

    In the nearly 160,000 pages of recently released documents that relate to Elena Kagan, precious little appears about Paula Jones — even though Kagan was intimately involved in President Clinton’s sexual harassment lawsuit in her capacity in the White House Counsel’s office. Sen. Jeff Sessions (R-AL) today had something to … More