Supreme Court Nominee Elena Kagan's Day Three Confirmation Closes

On day one, the Democrats praised her, the Republicans nayed her. Topics ranged from interstate commerce to abortion, foreign law and the right to own firearms. She barely cracked a smile. Day three seemed a little lighter.

An Encyclopedic Memory

Elene Kagan, who has been touted as having an encyclopedic memory by Committee Chairman Patrick J. Leahy of Vermont, has been seen by thousands of people live during the hearings, in addition to the tens of thousands who have watched her on television or over the Internet.

United States Senators Jeff Coburn, M.D., from Oklahoma; Senator Jeff Sessions, Alabama; Senator Chuck Grassley, Iowa; and Amy Klobuchar, Minnesota, invested a lot of time in day -hree questioning.

Senators Concerns

Committee members vied for time. Senator Coburn asked if Harvard required its students to take a constitutional law class, to which the former Dean answered "No" [see footnote for citations]. According to Kagan, Harvard does not require constitutional law, but most students end up taking the class at some point.

Senator Sessions tried to pin her down about the Second Amendment in regard to foreign law, as defined by Heller. Gun laws were high on the priority list for him and Senator Coburn, who stated that a large percentage of Americans do not believe they have the ability to make decisions; there is a discord, an unrest. Coburn added that the Constitution speaks freedoms: individual freedom, individual liberty.

But, with this administration, " fact did not equal statements made." Individuals, not big government, should be the ones with the freedom. When asked how she would decide cases, Kagan responded by saying she would "Listen to all arguments present, [sic] ...is what I pledge to do.

Mr. Sessions asked if Kagan had ever read the Federalist Papers and, if she had not, then he recommended that she did. Kagan responded politely, informing the Senator that she had read them, but would re-read them.

Of course, things turned around when Senator Amy Klobuchar took a turn. She asked the nominee how many women did she think were in Congress 30 years ago? How many women were on the Supreme Court? How many women would have been witnesses in the audience 30 years ago? Zero, two and zero. The point being that American women had made great strides in their freedoms, but this was not the basis for the original question: the Constitution and individual freedoms.

Senator Coburn tried to get a feel for where Kagan stood on the matter of property laws/tort law, as well as abandoning laws by giving amnesty to illegal aliens. Kagan failed to commit. She appeared unsympathetic to the question that asked if she believed it was a right to bear arms to defend oneself. Coburn rephrased the question, asking her if she personally believed that it was a natural right. Her answer leaned toward her thoughts as a justice, but not personally, as a human being.

Senator Grassley questioned her on the Defense of Marriage Act. Ms. Kagan did not comment due to "current litigation" on the issue.

Supreme Court Justice?

A little after 5 p.m., the hearing came to a close. Kagan appeared happy to be finished. She had been polite on many of the issues put before her, but could also be elusive. However, it was noted by the Committee Chairman that, when meeting with her in private, she was open and honest with her beliefs.

During the closing, Senator Session quoted a statement that President Obama made about Kagan: "You take old words that you give new meaning to." He was speaking in reference to the Constitution. He noted that Kagan calls Obama her hero.

Sources:

Quotes and comments taken from : ABC Coverage via Yahoo Internet, live coverage