On the recordAugust 3, 2010
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.
