Elena Kagan Confirmations Hearing Begin Tomorrow

Confirmation hearings begin Monday for Supreme Court nominee Elena Kagan.

Republican Senator Jeff Sessions is still talking about a filibuster. I think he's talking to himself.

Kagan will be quizzed by 12 Democrats and 7 Republicans. The AP has a guide here.

In other Supreme Court news, condolences to Justice Ruth Bader Ginsburg, whose husband, lawyer and professor Martin Ginsburg, passed away today at 78, from complications related to metastatic cancer.

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    Oh, and my condolences to (5.00 / 1) (#9)
    by andgarden on Sun Jun 27, 2010 at 09:14:13 PM EST
    Justice Ginsburg and her family.

    Sessions (none / 0) (#1)
    by jbindc on Sun Jun 27, 2010 at 06:28:54 PM EST
    Is blowing hot air because he has to.  It's impossible in this day and age to have a confirmation hearing without talking about putting up some resistance.  He may not even vote for her, because he knows it won't hurt him when she is overwhelmingly confirmed.

    It's all a game....

    I can't wait to have him back (none / 0) (#2)
    by andgarden on Sun Jun 27, 2010 at 07:23:01 PM EST
    front and center.

    He would make central casting chuckle.


    Eh (none / 0) (#3)
    by jbindc on Sun Jun 27, 2010 at 07:49:34 PM EST
    He's not up for re-election this year, but the people who voted for him (and who support him) will love him. He won handily in all his elections and he doesn't have to worry until 2014.

    I don't know if I'd chuckle.  When I watch him, I want to throw something at the TV.


    Alabama isn't America (none / 0) (#4)
    by andgarden on Sun Jun 27, 2010 at 08:29:28 PM EST
    and he's not just on TV there.

    Yeah (none / 0) (#5)
    by jbindc on Sun Jun 27, 2010 at 08:40:01 PM EST
    But America doesn't get to vote for him.  

    Those who are inclined to support his positions will be emboldened.  Those who despise his positions will despise him even more.  And most people won't be paying attention because it's a holiday week and she's going to be confirmed.


    We'll have to agree to disagree (none / 0) (#6)
    by andgarden on Sun Jun 27, 2010 at 09:04:02 PM EST
    Every night he's on the news is a bad night for Republicans nationally.

    He doesn't play in Peoria.


    I dunno (none / 0) (#7)
    by jbindc on Sun Jun 27, 2010 at 09:07:16 PM EST
    I work in DC. I work with lawyers.  I can't tell you how many of them were not aware that the confirmation hearings were beginning this week.  This isn't going to be a very contentious confirmation - there will be a little noise, but it isn't going to be a big deal.

    Supreme Court hearings make (none / 0) (#8)
    by andgarden on Sun Jun 27, 2010 at 09:12:59 PM EST
    the nightly news. Even if nobody knows they're happening until the week of.

    Will any internet-related topics... (none / 0) (#10)
    by EL seattle on Sun Jun 27, 2010 at 11:09:46 PM EST
    ...come up in the hearings, I wonder.

    Topic like:

    • Net Neutrality.

    • Approaches to fighting On-Line Obscenity.

    • Video Game Violence.

    • Copyright law (and Fair Use) adjustments and interpretation.

    • Emerging Technology and Privacy Issues

    Since Kagan has been involved with some of these topics over her career, and all the topics are all likely to see legal activity over the next few years, I think that it would be very interesting to see some discussion of any topics like these at the hearings.

    Sessions (none / 0) (#11)
    by jbindc on Mon Jun 28, 2010 at 07:23:34 AM EST
    Isn't even getting backing from many Republicans.

    But influential GOP members of the Judiciary Panel say they have not yet seen any "extraordinary circumstances" that could justify a filibuster. Extraordinary circumstances is the standard the Senate adopted in 2005 for judicial filibusters.

    Sen. Jeff Sessions (R-Ala.) has declined to rule out a filibuster but other Republicans have said that President Barack Obama has a right to appoint his preferred choice to the court.

    "I want to challenge this judge but my view of my job next week is not replace my judgment for President Obama's; he won this election," Sen. Lindsey Graham (R-S.C.) told reporters on Thursday. "I go into these hearings with a view that these elections do matter."

    Graham said he has not yet seen anything in Kagan's record that would qualify as an extraordinary circumstance and call for a filibuster.

    Last month, Sen. Jon Kyl (Ariz.), the second-ranking member of the GOP leadership and a member of the Judiciary Committee, said the filibuster of a Supreme Court nominee "should be relegated to extreme circumstances, and I don't think Elena Kagan represents that."

    While Republicans don't expect to defeat Kagan's nomination, they do plan to argue forcefully that Obama is nominating a poor choice for the bench. The point is to give voters another reason for voting Republican in the fall.

    And Thomas Goldstein, co-founder of SCOTUSblog predicts 63 or 64 votes:

    Goldstein said Kagan faces little real risk, with 59 Democratic votes "locked up" and top Republicans dismissive of a filibuster. Yet, ironically, given Kagan's moderation compared to the more liberal politics of the retiring justice she is replacing, John Paul Stevens, Goldstein said the ultimate effect would be to tilt the court rightward. Stevens was also a well-known authority figure on the court.

    Sessions is speaking (none / 0) (#12)
    by jbindc on Mon Jun 28, 2010 at 11:49:22 AM EST
    Giving his opening arguments.  The shot of Kagan makes her look sad (or like she's plotting how to b!tch slap him)

    I change my opinion (none / 0) (#13)
    by jbindc on Mon Jun 28, 2010 at 12:13:10 PM EST
    Watching her as Orrin Hatch blathers (which actually wasn't bad), she looks more like she is thinking "WTF is he talking about???"