Madam President, I compliment the distinguished Senator from Texas. There is hardly anybody in this body who can equal the expertise and experience he has, not only as an attorney general in his State but also as a justice on the Texas Supreme Court. With that experience, he is someone we should all listen to. I thank the distinguished Senator for his comments. I rise today to discuss the appointment of Elena Kagan to be Associate Justice of the U.S. Supreme Court. The Senate's role of advice and consent is a check on the President's power to appoint--not a substitute for it. At the same time, the Senate's role must be more than an empty formality or a mere rubberstamp. I have examined Ms. Kagan's record, I participated in her entire hearing before the Judiciary Committee, and I have listened to supporters and opponents both in Utah and across the country. I can say this: I lectured at Harvard when she was dean at Harvard. I appreciated the way I was treated while I was there. It was clear she probably did not agree with some of the things I was saying, but she was courteous and decent. I like her personally. But if I apply the standard I have consistently used for judicial nominees, that standard leads me to conclude that I just cannot support her appointment. Qualifications for judicial service include both legal experience, which summarizes the past, and judicial philosophy, which describes the future.…
On the recordAugust 3, 2010
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