The new Supreme Court pick, Elena Kagan, has never been a judge. She's never seen a courtroom from the bench. She's never had a judge's responsibilities. Elena Kagan has never instructed a jury. She's never ruled on a point of law--any point of law. She has not decided even one constitutional issue. She's never tried a criminal case. She's never tried a civil case. She's never even tried a traffic case. We don't know whether or not she believes the Constitution is the foundation of American law or whether she thinks, like many, the Constitution constantly changes based upon the personal opinions of Supreme Court Justices. But either way, Elena Kagan has never had to make a constitutional call in a court of law in the heat of a trial. She has never admitted evidence or ruled out evidence or ruled on the chain of custody regarding evidence. She has never made even one decision regarding any rule of evidence. She has never ruled on the exclusionary rule, the Miranda doctrine, an unlawful search and seizure allegation, a due process claim, an equal protection violation or any constitutional issue. She has never empaneled a jury. She has never instructed a jury on a reasonable doubt or sentenced a person to the penitentiary. She has never had to decide whether a witness was telling the truth or not. As a judge, she has never heard a plaintiff, a defendant, a victim, or a child testify as a witness.
Ted Poe: “The new Supreme Court pick, Elena Kagan, has never been a judge. She's never seen a courtroom from the bench. She's…”
On the recordJune 8, 2010
Editor's note · Context
The speaker is criticizing Elena Kagan's lack of judicial experience during her Supreme Court nomination.
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