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I'm tonight -- knives are -- sharpen and the battle begins over the president's Supreme Court nominee Elena Kagan.
This is a great opportunity to find out about this woman's mind that's what.
We need to find out what is in her mind.
And dug through exhaustive research that I personally conducted today on this I think I can give you pretty good idea.
What is in her mind she is a pure.
-- lead -- -- radical.
She comes from a faculty lounge she is a utopian.
But I guess we know what rush they -- rush does not have a vote.
Our next guest does senate minority whip Jon Kyle not senator -- has a voting history involving -- that might make things complicated.
Tennessee is there thank you Greta good review.
I the last time Elena Kagan was the floor of the Senate to you voted yes confirmed her for the solicitor general's job it's not -- Supreme Court.
What do you look for this time what could possibly change your mind at what reinforces -- earlier decision that -- is a qualified and.
First I've made it clear then that it's one thing to confirm someone -- Temporary job may be up to four years or so -- -- general.
Quite another to give someone a lifetime appointment to the highest court in the land she.
It is quite young for this kind of job but he -- 49 almost fifty she could have decades on the court so we will need to look into her record.
More thoroughly than I think we did force -- -- general.
And the fact that she hasn't been a judge means that we don't have clues about how she will act in a judicial -- And that's something we'll have to make up for by inquiry and other areas could.
Could it be a plus I'm in terms of whether to track record for you to make a decision.
But could -- could be a plus -- we have that someone's on the court doesn't have -- of background as a different background yes.
There's a better effect justice Rehnquist I think is the last to reach the court without any judicial experience.
And I think that having some judges without judicial experience is not a bad thing particularly if they have something else to make up for.
But it makes our job a little more difficult as senators because we don't have an idea then as to how she will react as a judge as we do -- -- -- sort of served in that capacity.
Bush you know what I'd do over on something -- about -- manufacturer and Arco which she had basically was critical of the confirmation process is senators really didn't get dancing ability to get information about what the kids would like to be.
I seems like a do over on that maybe -- but.
How I'm curious are you going to be asking -- or even real and her on the commerce clause because that is the health care legislation is gonna.
Is that a bubble up to the -- State Supreme Court how wonderful.
Into how one that.
-- comments box with a big difference.
First I think she's almost -- -- -- -- -- that statement back fifteen years ago.
More recently she has -- she think she got a little wrong -- And that it's more difficult to inquire into -- justices points of view.
To discern how they might -- -- she doesn't think it's quite as.
Quite as good an idea now to do that and I frankly happen to agree with the for example.
On the commerce clause I can inquired probably will about general views on the commerce clause.
But she could be very careful.
Given the fact that this case might come before her on commerce clause grounds of the united citizens united case for example.
She's gonna be careful not to give any clues as to how she might decide that case.
And she should she hasn't heard the case yet she -- -- all of the -- she hasn't researched -- of the law.
So it's unfair for us to ask -- for perspective justice how they might rule on a case.
-- if that's the case and it's also somewhat unfair.
To ask all the questions -- get right up to that point but don't really -- the final question so I wouldn't rule it's a very difficult proposition.
I -- curious though because we didn't listen health care legislation that fight the case -- Florida and the big question is it we have a broad reading.
Of the commerce clause that's pretty clear the health care legislation is constitutional review of a very narrow view of the commerce clause.
This like they're gonna say it's unconstitutional so if I were sitting there trying to decide whether.
You know just as someone that I might want I would want to know that issue.
-- -- walker was thinking of another case that she might be dealing with this united citizens united case but no you're actually right.
How the court rules on health care legislation will depend on how -- -- -- constricted they view that phrase she knows that.
She knows all eyes are going to be on that.
And shall probably give some platitudes about you know and has a certain kind of meeting.
But I'm not going to tell you -- -- might rule in a case like the health care legislation.
And I think she shouldn't tell us that.
She needs to this in here here's here's my point.
I don't want a justice who goes into the court.
With an idea of how she wants to rule in certain cases with a pre disposed notion of how justice should come out.
I'm wanted to read each case based on the facts and on the law and decided.
There's Justice Roberts says that the laws on the side of the big -- the big guy wins if it's on the side a little guy the little guy -- -- has said some things in connection with her portrait.
With just with.
Justice Thurgood Marshall on the court.
That could lead one to believe that she has a standards somewhat similar to the justice Sotomayor.
Language about empathy for the downtrodden and the disadvantaged.
And that a -- is job is to try to protect of them.
That we will want to inquire about because.
Obviously you want justice for all and that may or may not need protecting someone who's disadvantage.
Republican senator Jeff Sessions is the ranking member on the Senate Judiciary Committee he went on the record.
Tennessee sent thank you good to have you amount this collaboration with -- -- -- invade your office it's nice to be here.
-- last -- when Elena -- came up for solicitor general you voted no to confirm -- What would she have to tell you now what would have to change he refuted vote yes.
You don't have to deal with the military exclusion from the Harvard campus when she was -- That was something that did concern me because I was involved in passing the legislation.
Found that required on the admission of the military on campus I think -- have to deal with that in -- -- -- -- -- is afoot in America a philosophy of judging that I think is dangerous to the constitution.
It suggests that a judge can consider evolving circumstances.
And things outside the constitution.
To redefine its meaning so I believe any good judge should be faithful to the words in text of the constitution.
And a -- but military -- the first.
You grilled -- about.
Don't ask don't town last time she was here.
Do you intend to ask her about that this time she was asked about that last term and I made some remarks about it I -- Well it's my turn my back after they broke my.
But surely -- answer that because I think it's not a small matter.
When she was -- dean of Harvard we had 900 people killed.
In Iraq and Afghanistan and they were not permitted become on the Harvard campus to recruit jag officers.
And she believed -- that president Clinton's don't ask don't tell policy was wrong.
And I could see -- disagreeing with -- and disagreeing with the policy.
But that can block.
These wonderful men and women from being on the campus.
A great university like Harvard.
I think was a step.
Too far and so I think he'll have to deal with that.
Could she was -- theoretically possible that you had insufficient time the question are kids insufficient that kind of answers that.
This is the second round if she gets nominee for the Supreme Court that that this of the dorsal.
And on that issue with you I think she should begin a full chance to explain it.
And she will be given that chance.
And -- -- record should be looked back.
And you'll be looked at more ferry route thoroughly this time.
You know I think that hearing -- camera just -- week -- can that.
Britain days two weeks from -- nomination of the pretty quick hearing and I'm not sure it really is this will be a lot more in depth.
Yes I'm curious how on the -- don't want to connect issue is that there's a lot of natural -- -- this health care bill and it's in the trial court -- -- what's gonna make its way to the United States Supreme Court and it's going to hinge on.
How the commerce clause is interpreted so Woodruff it probably would say that the statute constitution if it's narrowly in the statue probably is not constitution.
Ask her about the content about the commerce clause or not or do you expect him.
I think she will probably be asked about commerce clause and how far reaches and parents should be interpreted I think she should be able to give some general.
Statements about them but not one thing we've got to not.
That a President Obama appoint -- can -- sits on that court.
That she shouldn't have any hesitation to reverse any part of any legislation that he worked to pass if it's not constitutional.
Our -- defective so we'll need to know she's independent.
Gibbs said the other day that the president looks for results oriented judge.
And that's troubling because -- judge you know should be objective and you both sides of the case and render an objective opinion.
-- -- Objectivity.
On not being a rubber stamp for the administration will certainly BIA issued -- -- with her there instead of them.
The issue that you didn't get -- test for last time they think is fair chance now are you very for some other reason Genesco lasted about 91 -- Well I think we want to know.
How whether or not she can set aside her political.
Her demeanor and style -- friendly and collegial but she's been a very aggressive.
Liberal Democrat not a mainstream Democrats so much as I activist Democrat and I think we need to be sure that she can.
Separate that the problems.
Tell you that don't send this aid no I'm just gonna do the job I'm just gonna apply the -- -- -- Can impart to an ability to simply follow the law of the that this and I will.
That's a good question.
If you are a judge you've got a record.
If you practiced law for a long time and have a record of objectivity and being able to handle those kind of things in a fair way.
I think that creates a record but she doesn't have that kind of record.
So we'll have to ask dramatic.
But you're right it's pretty easy for judges -- allow.
-- alone there.
I'm gonna be fire.
And it's senator would then have to you know how valuing honestly how -- Feel about that response and whether -- satisfactory.
Sex they say thank you.
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