Elena Kagan Confirmation Hearings: Day 3

The second day of questioning for the confirmation hearings has a slightly quieter tone compared to Tuesday's round. The Republicans attempted several attacks again on Kagan, but she was able to sidestep the possibility of painting herself in a bad light. Her verbal two-stepping both frustrated the right, and left them to a sense of resignation. No matter what the Republicans were able to come at her with, Kagan was able to skirt possible damage with verbal skills one could compare to former President Clinton.

Senator Hatch attacked Kagan for her stance on abortion. In particular, according to KDKA.com, he asked about a note she wrote when she was a domestic aid to Clinton that said it would be "a disaster" if the American College of Obstetricians and Gynecologists issued a statement that said there was no case in which partial-birth abortions would be deemed necessary. Kagan clarified the note by saying the disaster in question would have been if the organization's statement didn't fully explain that, in some instances, the partial birth abortion procedure was "medically best".

Later, Senator Graham tried to say that she tried to promote her own agenda with the issue by allowing the broadest possible practices of the procedure.

"It's not true. I had no agenda with respect to this issue," was her response.

Senator Coburn attacked Kagan with her stance on gun control. Talking about the most recent court ruling about an individual's right to possess firearms, Kagan accepted the ruling. However, she wouldn't say whether she believed it was a "fundamental right" to bear arms. This led Coburn to ask Kagan if she believed in the unalienable rights provided for in the Declaration of Independence.

"You should not want me to act in any way on the basis of such a belief", Kagan stated, according to KDKA.com. By this, she meant that, as a member of the Supreme Court, she should not be expected to act outside the Constitution and its laws, a way one would try to promote their own agenda. Rather, she continued, "you should want me to act on the basis of law."

Kagan's careful side-stepping of Republican attacks in day two has shown the power of her verbal mastery. Republicans may feel that she is going to be another liberal, trying to push the dreaded "liberal agenda," but, due to her phraseology and thoughtfulness, Kagan has not given them any extra ammunition.

This was evident with Senator Cornyn's agreement with Senator Leahy, stating that Kagan will be confirmed. Although the hearings continue tomorrow, Kagan will not be present. Former colleagues will be interviewed, and, if they are as skillful as her during their questioning, there will soon be three females seated on the highest bench in the land.