Smith Statement on Kagan Nomination

Washington, D.C.-House Judiciary Committee Ranking Member Lamar Smith (R-Texas) today issued the following statement regarding the nomination of U.S. Solicitor General Elena Kagan to the U.S. Supreme Court:

Ranking Member Smith: “There is nothing that requires the President to replace a liberal Justice with a liberal; but unfortunately it appears President Obama is doing just that.  Though Kagan has no prior judicial record for the Senate to review, her role as an Obama-insider and senior official in the Administration indicates that she shares the same liberal judicial philosophy as the President and his top advisors. 

“But the American people don’t want a Justice selected on political ideology; they want someone to uphold and preserve the founding principles of this nation.  Ms. Kagan must demonstrate that she was not chosen by the President as a political ally who will rubber stamp his agenda-but as an impartial jurist who will uphold the Constitution’s limits on the proper role of the federal government and defend the liberties of everyday Americans.

“With no judicial experience to evaluate, the Senate must conduct a thorough investigation into all areas of her record to determine her commitment to the Constitution.  For example, during her tenure as Dean of Harvard Law School, Kagan supported banning military recruiters on campus because of the military’s “don’t ask, don’t tell” policy.  The Supreme Court unanimously rejected the arguments of Ms. Kagan and other academics.    

“I hope the Senate will assess every aspect of Ms. Kagan’s record to ensure she will serve the Constitution above all else, including her own political views and the policies of President Obama.”