On the recordAugust 3, 2010
Solicitor General Elena Kagan has been nominated to fill the upcoming Supreme court vacancy left by the retirement of Justice John Paul Stevens. I know of few, if any, responsibilities of the Senate that are more important than the confirmation process providing, in the terms of the Constitution, "Advice and Consent" to the nomination of an individual to serve for life on the U.S. Supreme Court. There are two constitutional responsibilities that are invoked every time a nominee is chosen. One is by the President of the United States. It is his prerogative to choose whomsoever he wishes. But that is not the end of it. The second constitutional duty that is invoked anytime a vacancy occurs and a nomination is made is that of the Senate to provide, again in the terms of the Constitution, "Advice and Consent" on the nomination. That is what we are engaged in doing now--in deciding whether that advice and consent should be, yes, she shall serve, she shall be confirmed or, no, she should not be confirmed. We know judges are different. In the words of the high school civics class, we are called the three branches of government, and all three serve different functions. But the role of the judge is entirely different from the role of a Senator or the role of the President because they are nominated and appointed to serve for life and protected from having to run for office and seek election.
