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Democrat to Kagan: ‘Your Judicial Philosophy is Almost Invisible to Us’

Republicans lost no time in picking up on an unexpected statement by a Democrat senator during opening remarks for the Supreme Court confirmation hearing of Elena Kagan.

Sen. Herb Kohl (D-Wisc.), told Kagan bluntly: “We have less evidence about what sort of judge you will be than on any nominee in recent memory. Your judicial philosophy is almost invisible to us.”

This sounds surprisingly like a point Republicans have been making to build the argument against Kagan. Sen. Jeff Sessions, in a floor speech on June 21, used it to raise concerns about Kagan’s professed admiration for several activist judges, including Aahron Barak.

“With no judicial record and little legal record, clues to Ms. Kagan’s judicial philosophy can be found perhaps by looking at people she admires, her mentors, judges she thinks represent the best way of conducting their office,” Sessions said.

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