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LeMieux on Kagan Nomination: "There Is No Foundation To Judge How She Would Judge..."

Press Release

Location: Washington, DC

U.S. Senator George LeMieux (R-FL) spoke on the floor of the U.S. Senate this week regarding his decision to oppose the nomination of Solicitor General Elena Kagan to serve as Associate Justice on the United States Supreme Court. LeMieux discussed the significance of the Senate's role in providing advice and consent on the President's nominees, and stated Ms. Kagan's lack of a judicial record and her refusal to be more forthcoming in her confirmation hearings makes it impossible for the Senate to make a sound judgment as to her qualifications to serve on the nation's highest court.

"I am left without a solid base on which to judge how she would judge," LeMieux said. "She has failed to meet the burden that is required of someone with no judicial record. She has failed to inform us on how she would judge as an associate justice of the United States Supreme Court. With no record to read, there is heightened scrutiny on the nominee. I did not have the opportunity to get full, forth-coming answers from Ms. Kagan when I questioned her. Instead, I got the same vapid, vacuous answers that she herself condemned in her law review article in the mid-1990's about judicial nomination hearings. If she had been more forthcoming, perhaps I would have been able to come to a different conclusion."

Senator LeMieux commended Ms. Kagan on her admirable career as a public servant and educator, but ultimately said that without a firm grasp on how she would serve as associate justice, he could not support her nomination to the Supreme Court.

BACKGROUND: Senator LeMieux is one of six sitting U.S. Senators to have argued a case before the United States Supreme Court. Senator LeMieux argued a case on behalf of the State of Florida and won a unanimous decision.

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