What Senators Should Ask Elena Kagan

Confirmation hearings must focus on big picture
By Marie Morris,  Newser Staff
Posted Jun 27, 2010 2:39 PM CDT
What Senators Should Ask Elena Kagan
Solicitor general Elena Kagan walks to a Capitol Hill meeting related to her nomination to the Supreme Court, May 13, 2010, in Washington.   (AP Photo/Alex Brandon, File)

The process Elena Kagan once derided as a "vapid and hollow charade" gets under way tomorrow when the solicitor general appears before the Senate Judiciary Committee as President Obama's second Supreme Court nominee. "Instead of playing cat-and-mouse with the nominee about how she would rule in future cases, senators should think big," the Los Angeles Times editorial board counsels. Specific questions to ask:

  • Is the high court more like an umpire or an empathetic decision-maker?

  • Do accused terrorists have the same legal rights as other alleged criminals?
  • Where does congressional authority end and Supreme Court authority begin?
  • What role does and should race play in American jurisprudence?
  • How does technology affect interpretation of the First Amendment?
To see the full list—Times editors are very curious—click here. (Read more Elena Kagan stories.)

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