Kagan survives insulting questions from senators

This week’s hearings on the nomination of Elena Kagan to the Supreme Court of the United States have been enlightening and inspiring, as the nominee has been faced with tough questions from both sides of the political aisle and has responded with graceful and informative answers.

The former Harvard dean and clerk for late Justice Thurgood Marshall sat patiently for senators during day-long meetings, while politicians offered syrupy platitudes, followed by aggressive, sometimes insulting questions. Senators Jeff Sessions (R-AL) and Jon Kyl (R-AZ) made noteworthy attempts to rattle Kagan’s cage but were unsuccessful.

Plain-spoken, colorful and authoritative, Kagan reviewed cases in which she has participated as solicitor general of the United States and discussed constitutional law at length with senators, each time conveying a vast knowledge of the subjects.

While some have mischaracterized Kagan as anti-military for Harvard’s brief ban on military recruitment during her tenure there, she explained that the college was balancing its support of military recruitment with its concerns for the civil rights of gay and lesbian students who were not welcome to sign up due to “don’t ask, don’t tell� legislation. Kagan stressed that she followed federal guidelines while dealing with the recruitment issue. She said she has always honored the military and that her father was a veteran.

Senator Sessions and others on the right tried to paint Kagan as a socialist, criticizing her for a paper she wrote prior to attending law school and trying to get her to admit she would be a “progressive� judge — a term she said she didn’t understand. Republicans also faulted Kagan for admiring “activist judges� including the legendary Justice Marshall, who has been credited by the Washington Post for saving the United States from a second Civil War and helped usher in a civil-rights revolution. Senators Sessions, Kyl and John Cornyn (R-TX) made unfortunate, disparaging remarks about the late justice, an important historical figure, in a weak attempt to discredit Kagan.

Still, Kagan gave thoughtful and light-hearted responses. She was praised by would-be foes for her sense of humor and tact in answering difficult questions, and by the end of the day Tuesday it appeared as if the remainder of the hearings would bring smooth sailing.

Barring any unlikely surprises, Kagan will ultimately be confirmed as the next new Supreme Court justice for the United States. She has shown the demeanor and intelligence that one would expect of an effective judge.