Solicitor General Elena Kagan today will introduce herself to the Senate Judiciary Committee by promising she would adhere to the law, respect the “choices made by the American people,” and keep an “open mind” while serving on the nation’s highest bench. Kagan will talk about deference to politicians and the democratic process.
“The Supreme Court, of course, has the responsibility of ensuring that our government never oversteps its proper bounds or violates the rights of individuals. But the Court must also recognize the limits on itself and respect the choices made by the American people,” she will say today, according to excerpts distributed by the White House. Kagan planned to talk about the phrase engraved on the Supreme Court building just down the street from the hearing room: “Equal Justice Under Law.”
The hearing begins at 12:30 with opening statements from Judiciary members. Kagan is expected to speak at 3:45 p.m. You can watch live here and follow minute-by-minute updates on our Kagan hearings wire.
Kagan will say her work for the executive branch has helped her understand the Supreme Court must be “modest” and “properly deferential to the decisions of the American people and their elected representatives.” She will say, “That process is often messy and frustrating, but the people of this country have great wisdom, and their representatives work hard to protect their interests.”
She’d also employ President Obama’s philosophy of understanding everyday people. “It means that everyone who comes before the Court – regardless of wealth or power or station – receives the same process and the same protections,” Kagan planned to say. “What this commands of judges is even-handedness and impartiality. What it promises is nothing less than a fair shake for every American.”
“I’ve learned that we make progress by listening to each other, across every apparent political or ideological divide,” Kagan will say. “I’ve learned that we come closest to getting things right when we approach every person and every issue with an open mind. And I’ve learned the value of a habit that Justice Stevens wrote about more than fifty years ago – of ‘understanding before disagreeing.'”
Kagan planned to say that she’ll make just one pledge this week during testimony. “[I]f 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 consider every case impartially, modestly, with commitment to principle, and in accordance with law.”
