Executive Session

Floor Speech

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Mr. JOHNSON. Mr. President, I have often said that few decisions have a more lasting effect on our democracy than that of approving an individual's nomination to the Supreme Court. As you know, Supreme Court Justices enjoy lifetime tenure and answer some of the toughest questions facing our great Nation. For this reason, I take my constitutional duty of advice and consent very seriously.

This will be the fourth time that I have provided advice and consent for a Supreme Court nominee. My votes have reflected the belief that, while the Senate should not act as a rubber stamp for the President, it should afford him due deference for his judicial nominees. Accordingly, I was proud to support the nomination of Chief Justice Roberts, Justice Alito, and Justice Sotomayor--all of whom have served our country with candor and dignity. While these Justices differ in some aspects of their judicial philosophy, they are alike in several respects: each has an unwavering commitment to justice and the rule of law, a thorough understanding of American jurisprudence, and views that are within the broad mainstream of contemporary legal thought. I am confident that Ms. Kagan shares these characteristics, which are crucial for service on the high Court.

Ms. Kagan's distinguished career is a testament to her hard work, integrity, and intelligence. As her confirmation hearings made clear, Ms. Kagan is extremely well-respected in the legal community; her colleagues have spoken extensively of her keen legal sense and abilities as a consensus-builder. These are skills that will serve her well should she be confirmed by this body. Additionally, Ms. Kagan has exhibited a devotion to precedent and an understanding that, if confirmed, she will interpret, and not enact, the law. Importantly, Ms. Kagan received the highest rating possible from the American Bar Association. It is clear that she has an accomplished resume.

Earlier this summer, I had the privilege of meeting with Ms. Kagan to learn more about her judicial philosophy. I was impressed by her brilliant legal mind and her commitment to justice and the rule of law. Ms. Kagan assured me that she will strictly adhere to precedent and remain a neutral arbiter should she be confirmed to the Supreme Court. I reviewed her record and found nothing to deter me from that belief. I had the opportunity to ask Ms. Kagan about her treatment of military recruiters while dean of Harvard Law School. This issue is particularly important to me because my son Brooks is a military recruiter for the Massachusetts National Guard. Ms. Kagan assured me that military recruiters had full access to Harvard law students for the entire duration of her deanship. I was very satisfied with Ms. Kagan's responses to my questions, and believe her to have the utmost respect and gratitude for military service.

During our meeting, I asked Ms. Kagan about her understanding of tribal sovereignty. She told me that--while she has only a basic understanding of Native American legal issues--she would welcome the opportunity to visit Indian Country and learn more about tribal government. Upon reviewing her record, I was happy to learn that Ms. Kagan is an advisory board member of the American Indian Empowerment Fund, an organization that seeks to empower Native American children and families. After speaking with Ms. Kagan, I am confident that she will respect the right to tribal sovereignty. I look forward to her eventual visit to Indian Country.

I believe that Elena Kagan would make a tremendous addition to the Court. Her distinguished record and commitment to justice and the Constitution make her a well-qualified candidate. It is my hope that she receives the bipartisan support that she deserves.

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