U.S. Sen. Jeff Sessions, R-Ala., said Monday that several aspects of Supreme Court nominee Elena Kagan’s record “warrant close scrutiny.”
Sessions cited Kagan’s lack of judicial experience. The solicitor general has argued six cases before the Supreme Court but has never served as a judge.
“I congratulate Solicitor General Kagan on her nomination to the Supreme Court,” Sessions said in a statement. “The president’s announcement today allows the Judiciary Committee to move forward with the work of carefully compiling and reviewing Ms. Kagan’s record, a constitutional responsibility that must be carried out with thoughtful deliberation on behalf of the American people. … Ms. Kagan’s lack of judicial experience and short time as Solicitor General, arguing just six cases before the Court, is troubling. The public expects Supreme Court nominees to possess a mastery of the law, a sound judicial philosophy, and a demonstrated dedication to the impartial application of the law and the Constitution. With no judicial opinions to consider, it will be especially important that other aspects of her record exhibit these characteristics.”
Sessions also said he is concerned about Kagan’s opposition to President Clinton’s “Don’t Ask, Don’t Tell” policy in the military.
“Also deserving review is her decision as dean of Harvard Law School to personally and aggressively restrict the U.S. military’s ability to recruit some of the brightest law students in the country because Dean Kagan opposed President Clinton’s ‘Don’t Ask, Don’t Tell’ policy,” Sessions said. “Her challenge to the unambiguous federal law requiring equal access for military recruiters was unanimously rejected by the Supreme Court. This is a significant issue for me since I worked hard for the passage of the Solomon Amendment. Her actions in this case, along with other issues, will need to be addressed, and Ms. Kagan will be given a fair opportunity to respond.”