Updated 06/28/2010 11:24 PM
Confirmation Hearings Begin For Manhattan-Born Kagan
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Supreme Court nominee Elena Kagan, who was born and raised in Manhattan, began the process of her confirmation hearings Monday on Capitol Hill where she pledged to decide cases based on conscience and an open mind.
While appearing before the Senate Judiciary Committee, Kagan, 50, said the Supreme Court must be a modest institution, deferential to Congress and the decisions it makes.
She said she's learned in her career that no one has a monopoly on truth or wisdom and that progress is made when people listen to each other across political or ideological divides.
"I will make no pledges this week other than this one that if confirmed, I will remember and abide by all these lessons. I will listen hard, to every party before the court and to each of my colleagues. I will work hard. And I will do my best to of consider every case impartially, modestly, with commitment to principle and in accordance with law," Kagan said.
President Barack Obama's pick for the high court appears to be headed for confirmation.
"Solicitor General Kagan brings both moderation and pragmatism to a court that is sorely in need of both," said fellow New Yorker Charles Schumer, the state's senior senator. "Her down-to-earth views and her exceptional leadership skills mean this: Elena Kagan has great potential to moderate a court that is veering out of the mainstream and bringing it back to the 21st century."
But she will likely face some tough questions from Republicans on hot-button issues including guns, abortion, military recruitment in schools and campaign finance.
Senate Judiciary Committee Chairman Patrick Leahy started the hearing by asking senators to keep an open mind.
"I believe the fair-minded people will find her judicial philosophy well within the legal mainstream,” said Senator Patrick Leahy. “I welcome questions to Solicitor General Kagan about judicial independence, but urge senators on both sides to be fair. There is no basis to question her integrity and no one should presume that this intelligent woman who excelled during every part of her varied and distinguished career, lacks independence."
Republicans quickly cut to what promises to be a recurring theme during the hearing – the nominee’s lack of judicial experience.
"Miss Kagan certainly has numerous talents and many good qualities, but there are serious concerns about this nomination,” Senator Jeff Sessions. “Miss Kagan has less real legal experience of any nominee in at least 50 years and it’s not just that the nominee has not been a judge, she has barely practiced law and not with the intensity and the duration from which I think real legal understanding occurs."
"Can you make sure that you're not challenging your political agenda, your political leanings when it comes time to render decisions?" asked Republican Senator Lindsey Graham. "At the end of the day, I think the qualification test will be met. Whether or not activism can be parked is up to you."
Friends, community members and politicians viewed the hearings at Hunter College.
Kagan grew up on the Upper West Side and graduated from Hunter College High School in 1977.
"It sends a pretty big message about where the best and the brightest are, which is clearly the answer: New York," said City Council Speaker Christine Quinn. "And it send a message to the country, what we have always known, that New York City is a place that embraces the fact that our diversity is our greatest strength and that woman are a part of the diversity that makes NYC great."
"I don't know, I don't think we had a real role model until now," said student Katharne Rudzitis. "But now seeing someone from our high school go this far is definitely inspiring and has made me consider going into law. It never occurred to me before now."
If confirmed, Kagan would be the first Supreme Court justice without judicial experience in nearly 40 years.
She was, however, the first female dean of Harvard Law School and is the first woman to serve as solicitor general.