I've been criticizing the Supreme Court nominee for lack of clarity on her views so I thought it appropriate to write a post now that her views are becoming a bit clearer. Kagan met with key Democratic senators and she told them that she disagreed with the Court's approach to Citizens United.
"She said she felt that the court was not sufficiently deferential to Congress," in the case, known as Citizens United, Specter said.
This is a good development, I think. She, of course, argued on behalf of the Government in the Citizens United case, but that was part of her job and didn't give any insight into her true beliefs. If Specter is reporting the conversation accurately, then that is her belief.
In addition, Specter said, Kagan reiterated her criticism that the Senate confirmation process yields little information about Supreme Court nominees and that one justice was less than forthcoming during his or her confirmation hearing.
She's just asking for tough questions from senators, it seems. There's no way she can reiterate those things and not expect to be asked tons of direct questions about her views. I'm actually completely in favor of that strategy. I hated watching the Roberts and Alito hearings and listening to them try to be as bland as possible, while everyone knew they were extreme conservatives.
I think Kagan could go a long way in explaining her judicial views and making liberal views palatable to the American people. That would be a big change, and as someone who's pretty underwhelmed about her nomination, that fact would make me at least a little happier.
I never understood why conservatives have been allowed to be open about their conservatives but if we liberals want a job we have to be closeted. It's unfair, especially since most of the harm to this country in at least thirty years has come from conservatism.
Specter said Kagan reiterated her earlier criticism, made before her nomination this week, of the confirmation process as "not telling very much about the nominee."
"And she identified a specific justice who she thought was not appropriate in responses," Specter said.
That's interesting as well. She's criticizing some sitting Justice who shall remain unnamed. I wonder who it is. It sounds like she is ready to take on the Supreme Court and change the confirmation process for the better.
And I'm glad we have an answer on at least some of her views.