The pattern of opening statements is general compliments from Democrats and tough jabs from Republicans. Senator Kohl talks generally about the role of the Court and the role of judges, rejecting the “umpire” metaphor thrown out by Chief Justice Roberts in his confirmation hearing.
But Orin Hatch, a Republican from Utah, turns back to the question of experience.
After mentioning Kagan’s several years in private practice and her academic experience, he said that most of her career had involved “politics” and that she was expert in navigating political Washington. Clearly, there is going to be an attempt to paint Kagan as a political operative being moved to the Court to accomplish the Administration’s bidding.
Hatch had a great line, harkening back to the fight against “activist judges”: he wants to find out from Kagan whether “the Constitution will control her or will she try to control the Constitution.”
