WASHINGTON — Elena Kagan deflected questions about her own views on gun rights and abortion during her Supreme Court confirmation hearings on Tuesday, instead describing Supreme Court precedents. She declined to say whether terrorism suspects must be warned of the right to remain silent, saying the issue was “quite likely to get to the courts.”
Former students of Elena Kagan listened Tuesday as she was questioned in her second day of Senate confirmation hearings.
And Ms. Kagan, the solicitor general and former dean of Harvard Law School, refused to say whether the Supreme Court was correct to take on the 2000 case of Bush v. Gore, telling senators that the issue of when the court should intervene in disputed elections is “an important and difficult question” but one that could come before her should she be confirmed.
Ms. Kagan’s responses, during a long and sometimes tense day of parrying with members of the Senate Judiciary Committee, were similar to those of Supreme Court nominees past. But unlike her predecessors, Ms. Kagan wrote a 1995 article calling for judicial nominees to be more forthcoming. On Tuesday, minutes into her testimony, she backpedaled, saying she now believed it would be inappropriate even to answer questions that might “provide some kind of hints” about her views on matters of legal controversy.
“I think that that was wrong,” she said. “I think that — in particular, that it wouldn’t be appropriate for me to talk about what I think about past cases — you know, to grade cases — because those cases themselves might again come before the court.”
via Kagan Follows Precedent by Offering Few Opinions – NYTimes.com.