Madam President, 3 weeks from now the Senate Judiciary Committee will hold the confirmation hearing for President Obama's nomination of Elena Kagan to succeed Justice John Paul Stevens as an Associate Justice of the Supreme Court of the United States. Last year, after reviewing her record, a bipartisan majority of the Senate voted to confirm Elena Kagan to be the Solicitor General of the United States, actually the first woman in America's history to serve as Solicitor General. As the distinguished Presiding Officer knows, oftentimes the Solicitor General is referred to as the ``Tenth Justice''. Not only are we familiar with Elena Kagan from our review of her nomination last year, but we have already received an extraordinary amount of information about her in connection with this nomination. Last week we received nearly 50,000 pages of documents from the Clinton Library related to Elena Kagan's service and her significant role in the Clinton White House. My initial review of these documents shows her to have been a pragmatic and thoughtful adviser to President Clinton as she helped him to advance the goals of his administration. As a law clerk to Justice Thurgood Marshall, as a professor, as a policy adviser to the President, and dean of Harvard Law School, and as Solicitor General of the United States, she appeared to have a clear grasp of how to apply her abilities to meet the challenges of each of these varied positions.…
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