Second day of Kagan confirmation hearings

Solicitor General Elena Kagan faced her second day of confirmation hearings as the president’s nominee to fill the vacancy on the Supreme Court. Matt Laslo reports from Washington:

TRANSCRIPT:

Without any past experience handing down decisions as a judge, senators were trying to peel back the curtain and get a better glimpse of Kagan's judicial philosophy.She was recently called a "legal progressive" by Vice President Joe Biden's chief of staff. When the top Republican on the committee, Jeff Sessions, asked if that was a fair assessment, Kagan pointed to her work in the Clinton and Obama White Houses:

KAGAN: Senator Sessions, it's absolutely the case that I have served in two Democratic administrations, and I think…

SESSIONS: No! But I'm asking do you agree with the characterization that you are a legal progressive?

KAGAN: Senator Sessions, I honestly don't know what that label means. I've worked in two Democratic administrations. And, as Senator Graham suggested yesterday, and I think he's right that you can tell something about me and my political views from that.

Republicans also voiced concern with Kagan's involvement in the recent Citizens United Supreme Court case, which allows corporations to dump limitless amounts of cash into elections. As solicitor general, she argued the case before the Court and lost. Utah Republican Senator Orrin Hatch told Kagan her position on the case hinders the speech of small businesses:

HATCH: These are small companies who want the legal protection that incorporating provides-these are family farmers, ranchers, mom and pop stores. Before the Citizens United decision these small family businesses could be barred from using a radio show or a pamphlet opposing their congressman for a bill if it was that close to an election.

Kagan denied her work on the case was out of the mainstream. She told the panel she was merely trying to uphold the intent Congress wrote into its own campaign reform law.

Kagan also defended her record as dean of Harvard Law School, where she angered Republicans by limiting military recruiters' access on campus because of "Don't Ask, Don't Tell."

KAGAN: We were trying to do two things. We were trying to make sure that military recruiters had full and complete access to our students.But we were also trying to protect our own anti-discrimination policy and to protect the students… whom the policy is supposed to protect, which in this case was our gay and lesbian students.

Liberals have criticized Kagan for her statement last year that seemed to uphold the second Bush administration's controversial detainee policies. But Kagan told the Senate panel that she believes executive branch power is not limitless.

KAGAN: I would say the circumstances in which the president can act as against specific Congressional legislation-when the president can act despite Congress, are few and far between.

When past and potential future cases came up at the hearing, Kagan refused to discuss the specifics, something she bemoaned of past Supreme Court nominees. But Rhode Island Democrat Sheldon Whitehouse defended Kagan's performance:

WHITEHOUSE: I think she is being as open as any nominee can be. I think she's being extremely candid and thorough in her answers. There is a point that every nominee must not go beyond and that point is when they come to believe that their answer to the question will indicate a disposition in a case that may come before the Court.

Today marked the official last day on the Court for Justice John Paul Stevens. Barring any major errors later in the confirmation process. Kagan is expected to fill Steven's vacancy by the time the Supreme Court convenes its session in October. Tomorrow is expected to be the last day of hearings, with witnesses testifying about Kagan's past.

Matt Laslo, FSRN, Washington.

Photo by Sarah Mamula