Justice Kagan Laments Partisanship in SCOTUS Fights | NTK Network Justice Kagan Laments Partisanship in SCOTUS Fights

Justice Kagan Laments Partisanship in SCOTUS Fights

The Obama appointee noted, in an event this week, that the Senate used to work under the expectation that the president "was entitled to his Supreme Court pick."

By NTK Staff | 07.26.2018 @11:00am

Justice Elena Kagan lamented partisanship in Supreme Court fights at an event this week, saying, in remarks reported by CNN, that presidents used to be “entitled to [their] Supreme Court pick[s].”

Here’s Kagan’s full quote, from an event with University of Chicago interns:

“There have certainly been periods where the expectation has been that if you have a certain set of qualifications and if you looked like you were going to be a responsible judge, even if somebody thinks that there is going to be some set of rulings which they’ll disagree with, the expectation was, nonetheless the President was entitled to his Supreme Court pick,” Kagan said.

Kagan was an Obama appointee, and used to be the Democratic president’s solicitor general. Some Senate Democrats have tried to compare their expansive demands for Brett Kavanaugh’s Bush-era documents to Republicans’ requests for Kagan’s Obama-era documents.

Kagan, though, seems over the tired fights surrounding Supreme Court nominees. Her comments would suggest that Senate Democrats should support Kavanaugh if he’s qualified and responsible, not if he pledges to support their preferred views on any potential case that would come before the court.

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