Post 6

As Elena Kagan is examined by Congress after Monday’s nomination from President Obama, issues about her lack of a paper trail has becoming the focal point for many. As reported May 12 by James Oliphant and Lisa Mascaro of Tribune Washington Bureau, “Elena Kagan… has never been a judge and until recently had never argued a case in court. Ever since her nomination was announced this week, Republicans and Democrats have been debating whether that matters.”
"My view is that her experience is very thin," said Sen. Jeff Sessions (R-Ala.), the ranking Republican on the Senate Judiciary Committee, after an hour-long meeting with Kagan. "She indicated she felt she had the experience to do the job." This comment was balanced by Sen. Richard J. Durbin (D-Ill.), the assistant Senate majority leader when he was quoted, "Many people come to the court from many walks of life," Durbin said. "I don't hold it against her that she hasn't spent a lifetime as a litigator."
All the current judges that sit on the court were previously federal appeals judges. When searching for a nominee Obama was encouraged to find a candidate with a different kind of background. He found that in Kagan who has spent most of her career as a law professor, Clinton White House lawyer and dean of Harvard Law School. Her experience in the courtroom is limited to the six cases she’s argued as solicitor general.
Kagan made her second round on Capitol Hill Thursday and it looks like, in spite of the “paper trail issue,” there will be no filibuster. It seems she may have gained the support of key Republicans. Maine GOP Sen. Susan Collins dubbed Kagan "very impressive," and suggested she would not stand for fellow Republicans blocking a confirmation vote. "At this point, I do not see any grounds for a filibuster," she said.
Although, this is not for sure. Most have expected that a liberal would be raised to take the place of John Paul Stevens, to maintain the balance on the Court and because Obama is a Democrat. Some worry that this union may go too far. "Americans want to know that Ms. Kagan will be independent," Minority Leader Mitch McConnell said in a Senate speech as Obama's Supreme Court pick began a series of courtesy visits with senators who will decide whether to confirm her. "It's my hope that the Obama administration doesn't think the ideal Supreme Court nominee is someone who would rubber stamp its policies," McConnell said. "But this nomination does raise the question. And it's a question that needs to be answered."
The only other issue that could block Kagan from becoming the next Supreme Court Justice is that Republicans have accused her of being anti-armed forces because as dean of Harvard Law School she followed the school policy of limiting access to recruiters. Many have said that this accusation is unfounded and is grasping at straws.
The battle for a seat on the highest court in the land will continue on, with Congress sorting out issues and debates to present to Kagan. Everyone is digging around, trying to find out what Kagan is all about. Because she was never a judge, she is a hard candidate to pinpoint. She has made no judgments which Congress can easily agree or disagree with. It will continue to be interesting to watch the process unfold with the “lack of paper trail.”
References:
http://articles.latimes.com/2010/may/12/nation/la-na-kagan-20100513
http://www.nydailynews.com/news/politics/2010/05/14/2010-05-14_gop_leaders_coming_over_to_kagan_side.html#ixzz0nvxpccaP
http://www.reuters.com/article/idUSTKE6490DU20100512?type=policticsNews