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Elena Kagan's confirmation hearing: Day four

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July 2, 2010

Washington, D.C.: Yesterday was the last day of the confirmation hearing for Elena Kagan. The nominee was not there, but instead 23 witnesses were called upon to testify on her ability to serve as a Supreme Court justice.[1]

The format followed three panels, each one beginning with witnesses for the majority (Democrats) and then minority (Republicans).

In the first panel, the Democrats had three witnesses involved in recent cases before the Supreme Court. The Republicans called three U.S. Army personnel to testify about their service and their reactions to Harvard University's recruitment policy.

In the next panel, the Majority Witnesses were professors affiliated with Kagan at Harvard Law School and one former United States Solicitor General. The Minority Witnesses were of the same ilk. They included members of conservative foundations and law professors.

The last panel began with two members of the American Bar Association. Then, on Kagan's behalf, spoke another professor from Harvard Law School, the Founder of the National Women's Law Center, and Fernande Duffly, of the Massachusetts Appeals Court. In opposition to the nomination: the President and CEO of Americans United for Life, the President of the Family Research Council, the Research Director of the Independence Institute, and a private practice attorney who concentrates on Second Amendment cases.

The witnesses shared personal testimony regarding the law and Supreme Court, experiences with Kagan in different aspects of her career, and viewpoints on judicial and political philosophy.

Next, the Senate Judiciary Committee will vote on Kagan's confirmation. If that vote is positive, her confirmation will rest in the hands of the Senate.


All of the information for this article is from: Senate Judiciary Committee, “Continuation of The Nomination of Elena Kagan to be an Associate Justice of the Supreme Court of the United States”, July 1, 2010

Please follow the link for copies of the original testimony from each witness.

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