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Cuccinelli on Kagan: Not a fan, but lack of judicial experience not the issue

Rosalind Helderman

Virginia Attorney General Ken Cuccinelli (R) said today that he is not troubled by Supreme Court nominee Elena Kagan's lack of judicial experience.

President Obama's selection of his solicitor general and the former dean of Harvard Law School for the bench has come under fire from many in the GOP because Kagan has never served as a judge.

But Virginia's top lawyer said today that he doesn't see that as a prerequiste for the Supreme Court.

"I'd be surprised if she weren't confirmed," Cuccinelli said in an interview this morning, "largely because the president does have an easy path to it and she is not somebody that anydody can stand up and say, 'This person does not have the credentials for the job.' I don't think that's a reasonable conclusion. The people who will say that are people who will, at this point, will really just demand that somebody having judge experience. I am not one of those people."

That's not to say the conservative Cuccinelli likes Kagan as a choice.

He said he is concerned that her past writings indicate she might incorporate foreign law into her decisions on America's highest court. And, he said he is troubled about how little courtroom experience she has--as a litigator, not a judge.

"I wouldn't vote to confirm her, but I wouldn't be in the majority," Cuccinelli said.

But he quickly adding that as a state attorney general, he is merely interested observer in the process.

"Elections have consequences," he said. "The president has made his choice and she's entitled to an up or down vote."

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By Rosalind Helderman  |  May 11, 2010; 3:25 PM ET
Categories:  Barack Obama , Ken Cuccinelli , Rosalind Helderman  | Tags: Elena Kagan, Ken Cuccinelli, Virginia  
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Next: Kagan's stance on military recruiters at issue in Perriello contest in Virginia


Hmm, an oddly lukewarm statement by Cuch. I wonder if he has finally learned that seeing everything as incredibly polarized may have hurt his and the Giv's imaga just a bit. And with Kagan's likely confirmation, doesn't want to tick off even more people in high places. Apparently he can be taught!

Posted by: schnauzer21 | May 12, 2010 8:35 AM | Report abuse

with all the crazy stuff Cuccinelli does every other day, the burning questions this reporter had for him were about Kagan?
Cuccinelli doesn't even get to vote on her nomination.
Next time you get Cuccinelli on the phone, ask him something about what he is doing.
Ask him about the confederate label pins.
Ask him about the Mann data he requested.
Ask him if he is seriously just looking into fraudulent spending by Mann, why didn't he go after financial records.
I mean seriously, who asked these questions for this story to Cuccinelli?
His PR man?

Posted by: MarilynManson | May 12, 2010 8:38 AM | Report abuse

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