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    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

    The End of the Beginning of the Kagan Hearing

    We didn’t hear any questioning of Elena Kagan in the first day of her confirmation hearing before the Senate Judiciary Committee, but we did get the opening statements of all of the senators on the Committee and we heard from the nominee herself. The Democrats have 12 members including the … More

    In Kagan Hearing, Senate Liberals Downplay the Importance of Impartiality

    In their opening statements today in the confirmation hearings of nominee Elena Kagan for the Supreme Court, liberal Senators have taken to arguing that a Justice’s job is not to “call balls and strikes.” Most conservatives rightly believe the law should govern, not judges, and that Supreme Court Justices should … More

    Castigating Conservative Justices in the Kagan Hearing

    Listening to Senators Feinstein, Durbin, Leahy and Schumer castigating the current members of the U.S. Supreme Court in their opening statements in the Kagan confirmation hearing shows that they apparently want to turn this proceeding into a star chamber on Chief Justice Roberts and Justice Alito, among others, as opposed … More

    Sessions' Opening Statement on Elena Kagan

    As the confirmation hearings of Elena Kagan got underway at 12:30, the ranking member of the Senate Judiciary Committee, Jeff Sessions (R-AL), lost no time getting to the heart of the concerns that are raised by Elena Kagan’s nomination by President Obama to the Supreme Court: Ms. Kagan has less … More

    The Next Chicago Gun Rights Case . . . And Why It Is Important to the Kagan Confirmation

    Moments ago, the Supreme Court announced that, Yes Virginia, the Second Amendment does in fact apply to the states, and thereby struck down Chicago’s complete ban on handgun possession. But this decision (and the Court’s prior decision in Heller) raises still other questions which will likely have a substantial impact … More

    Morning Bell: Will Elena Kagan Defend the Rule of Law?

    The Senate Judiciary Committee will begin its hearing today on the nomination of Elena Kagan to be the next Associate Justice of the Supreme Court of the United States. Kagan is no stranger to the confirmation process; in fact, she devoted one of her few academic writings entirely to the … More

    The Constitution is Still Number One

    Prior to his presidency, Senator Obama famously announced that empathy would be his criteria for selecting judges. Although Sonia Sotomayor deemphasized her empathetic understanding of the law, many on the left still advocate empathy as the criteria for judges. James Gibson is no exception. In a recent article, “Expecting Justice … More