Star Tribune - Franken Takes on Roberts Court

By Jeremy Herb

U.S. Sen. Al Franken used his opening remarks at Solicitor General Elena Kagan's Supreme Court confirmation hearing to take sharp aim at what he says is an activist tilt by the high court.

"There is such a thing as legislating from the bench," said Franken, who sits on the Senate Judiciary Committee in charge of the hearing. "And it is practiced repeatedly by the [Chief Justice John] Roberts court, where it has cut in only one direction: in favor of powerful corporate interests, and against the rights of individual Americans."

U.S. Sen. Amy Klobuchar, who also sits on the committee, avoided any ideological battles, instead highlighting Kagan's "real world" perspective and relevant nonjudicial experience.

The two senators provided a study in contrasts on the opening day of Kagan's confirmation hearings, with Franken signaling that he will use as Kagan's hearing as a way to highlight what he sees as the excesses of the Roberts court."I want to continue this conversation," he said, "because I think things have only gotten worse."

Franken cited the recent Citizens United case, in which the court ruled that corporations can spend freely on elections. The decision, Franken said, affects not just federal elections, but "Duluth elections, Bemidji elections, Minnesota elections."

Citizens United, he said, was just one in a string of cases eroding individual rights that had been decided with 5-4 votes, with retiring Justice John Paul Stevens leading the dissent.

"General Kagan, you've got big shoes to fill," Franken said.

Klobuchar's remarks rebutted Republicans who have attacked Kagan's lack of judicial experience, pointing out that more than one-third of Supreme Court justices had not served as judges before their appointments.

"There are always a lot of critics on the sidelines, but you have actually been in the arena, as a manager, as a teacher, as an advisor, as a consensus-builder and as a lawyer," said Klobuchar. "Your work on the front lines tells me that you have practical experience thinking about the impact of laws and policies on the lives of ordinary Americans."

Klobuchar, once considered a long-shot nominee for the high court, said she wanted a justice who can "go into the back room where the justices meet -- and when no 'ordinary citizens' are present -- and bring some real-world perspective to the room."

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