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McConnell, Hatch Will Oppose Kagan for High Court

Orrin Hatch and Elena Kagan
Elena Kagan, U.S. solicitor general and Supreme Court nominee, right, meets with Senator Orrin Hatch, a Republican from Utah, in Washington. Photographer: Joshua Roberts/Bloomberg

July 2 (Bloomberg) -- Senate Republicans began lining up against U.S. Supreme Court nominee Elena Kagan, as Minority Leader Mitch McConnell and Orrin Hatch announced they will vote against President Barack Obama’s second appointee to the court.

McConnell said today Kagan failed to convince him during confirmation hearings that she can become an impartial judge and abandon a political past that includes working for former President Bill Clinton.

“I do not have confidence that if she were confirmed to a lifetime position on the Supreme Court she would suddenly constrain the ardent political advocacy that has marked much of her adult life,” McConnell, of Kentucky, said in a statement.

Hatch, of Utah, a senior member of the Senate Judiciary Committee, said in a statement he “cannot ignore disturbing situations” in which Kagan’s personal opinions appeared to drive her legal views.

The Judiciary committee, with 12 Democrats and seven Republicans, yesterday completed four days of hearings on Kagan’s nomination. The panel will vote later this month and set the stage for action by the full Senate well before the Supreme Court begins its next term in October. Democrats control 58 of the Senate’s 100 seats, practically ensuring Kagan’s confirmation.

Hatch is the first of the panel’s Republicans to announce his stand on the nomination. He voted in favor of Kagan last year when Obama appointed her as the first woman to be U.S. solicitor general, the administration’s top courtroom lawyer.

Murkowski in Opposition

Another Republican senator, Lisa Murkowski of Alaska, also announced her opposition to Kagan’s confirmation. Murkowski, who supports abortion rights and has worked across party lines on energy and some other issues, said Kagan lacks experience. She also said Kagan’s answers to many questions at the hearings were “not terribly revealing and in many cases evasive.”

McConnell has been raising concerns about Kagan’s views on issues such as corporate campaign contributions and gun rights since she was first nominated. Hatch signaled his opposition to Kagan in a floor speech last week. He also opposed the nomination last year of Sonia Sotomayor, Obama’s first appointment to the Supreme Court.

Kagan, 50, was nominated by Obama on May 10 to replace Justice John Paul Stevens, who has retired from the nine-member court. She is a former dean of Harvard Law School and worked for four years in President Bill Clinton’s White House as a lawyer and policy adviser.

Activist Judge

In his statement today, Hatch said Kagan’s testimony before the Judiciary Committee and her record suggest she would be an activist judge. She also lacks the experience to serve on the high court, he said.

“Supreme Court justices who, like General Kagan, had no prior judicial experience did have an average of 21 years in private legal practice,” he said. “General Kagan has two. The fact that her experience is instead academic and political only magnifies my emphasis on judicial philosophy as the most important qualification for judicial service.”

He said he was particularly concerned that, as an aide to Clinton, Kagan promoted the administration’s “extreme position on abortion,” including support for a procedure opponents call partial-birth abortion.

Senate Judiciary Committee Chairman Patrick Leahy, a Vermont Democrat, today set July 13 for a panel vote on Kagan’s nomination. Republicans can delay that for a week to allow more time to review her record.

To contact the reporter on this story: Laura Litvan in Washington at

To contact the editor responsible for this story: Jim Rubin at

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