The Senate Judiciary Committee held its second day of hearings on the appointment of Elena Kagan to the U.S. Supreme Court seat vacated by the retirement of Justice John Paul Stevens. In the first round of questioning, senators were allotted 30 minutes each. Part 3 contained questions by Senators Grassley, Specter, Graham, and Schumer.
Senator Grassley asked Solicitor General Kagan about a speech she made while dean of Harvard University Law School in which she called Israeli Judge Aharon Barak a “judicial hero.” He also questioned her about her judicial philosophy, gun control, and foreign law. Senator Specter questioned her on judicial philosophy and independence, cameras in the Supreme Court, and campaign finance in relation to Citizens United v. Federal Election Commission. Senator Graham focused on military commissions, Miranda rights, enemy combatants, and Judge Miguel Estrada (whose Court of Appeals nomination was filibustered in 2003 by Senate Democrats to prevent a final confirmation vote). Senator Schumer referenced her opening statement on “judicial modesty,” as well as asking about judicial activism, her experience at Harvard Law School, and the Citizens United case.