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Elena Kagan's Opening Remarks

By Jeralyn

Driving back from the jail, I was listening to CNN which was broadcasting Elena Kagan's opening remarks live. Without accompanying video to distract me, I was able to focus just on the content of her statement and her tone.

First, she is a really good speaker. She exuded a sense of calm. Second, there was a lot of emphasis on constitutional rights and equality of justice and on the need to be fair.

Third, she was deferential, promising to listen to Congress, the American people as they speak through the electoral process and their Representatives, and her fellow justices.

She doesn't seem to me to have an agenda. [More...]

From excerpts (full text not available yet.)

The idea is engraved on the very face of the Supreme Court building, "Equal Justice Under Law."

It means that everyone who comes before the court, regardless of wealth or power or station, receives the same process and the same protections. What this commands of judges is evenhandedness and impartiality. What it promises is nothing less than a fair shake for every American.

...."The Supreme Court, of course, has the responsibility of ensuring that our government never oversteps its proper bounds or violates the rights of individuals. But the court must also recognize the limits on itself and respect the choices made by the American people. "

I think my favorite line was this one:

And I've learned the value of a habit that Justice Stevens wrote about more than fifty years ago -- of 'understanding before disagreeing.'

There are many times I've come away from a hearing thinking the judge just didn't get it, and it was their lack of understanding (or refusal to understand) the argument that resulted in their erroneous or misguided ruling. A promise to understand before disagreeing is a good start.

Kagan ended with:

"I will make no pledges this week other than this one, that if confirmed, I will remember and abide by all these lessons. I will listen hard to every party before the court and to each of my colleagues. I will work hard, and I will do my best to consider every case impartially, modestly, with commitment to principle and in accordance with law. That is what I owe to the legacy I share with so many Americans."

That's really all anyone can ask. I think she means it. Had those words come from Justice Alito at his confirmation hearing, I would have rolled my eyes. He was as partisan and ideological a choice as anyone could find. And he's lived up to his billing. With Kagan, I do believe her. (And more so than say, Justice Sotomayor.)

Time will tell, but she's going to be confirmed. We could have done worse, particularly with Obama, whose commitment to bi-partisanship (compromise) seems to be the hallmark of his Presidency.

If you get a chance, listen to a replay of her remarks, and let us know what you think.

Full post as published by TalkLeft on June 28, 2010 (boomark / email).