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Inhofe, once again, is a no

Paul Kane notes that Sen. James Inhofe (R-Okla.) has become the first Republican senator to promise to oppose Elena Kagan -- something really not seen at this stage (before fresh hearings) since the nomination of Robert Bork in 1987. But the rest of the statement is worth reading, too.

As with her nomination to serve as Solicitor General, I remain concerned about Elena Kagan’s record. Now as a nominee to the Supreme Court, her lack of judicial experience and her interpretation of the Constitution also play an important role in my decision to once again oppose her nomination. The position for which she has been nominated has lifetime tenure, and it is concerning that the President has placed such trust in a nominee that has not been properly vetted through a judicial career, having worked mostly in academia and never before as a judge.

While her service as the Dean of Harvard Law School is an impressive credential, decisions she made in that role demonstrated poor judgment. While there, she banned the U.S. military from recruiting on campus, an issue very important to me. She took the issue even further when she joined with other law school officials in a lawsuit to overturn the Solomon amendment, which was adopted by Congress to ensure that schools could not deny military recruiters access to college campuses. Claiming the Solomon Amendment was ‘immoral,’ she filed an amicus brief with the Supreme Court in Rumsfeld v. F.A.I.R opposing the Amendment. The Court unanimously ruled against her position and affirmed that the Solomon Amendment was constitutional.

I am also concerned about the seeming contempt she has demonstrated in her comments about the Senate confirmation process as well as her lack of impartiality when it comes to those who disagree with her position.

Inhofe previously, infamously, refused even to meet with Sonia Sotomayor before opposing her.

By David Weigel  |  May 10, 2010; 4:40 PM ET
Categories:  Supreme Court  
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