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Kagan Doesn’t Know What Is a ‘Legal Progressive’?

Senate Judiciary Committee Ranking Member Jeff Sessions notes that Biden’s chief of staff, who was chief counsel to the Senate Judiciary Committee, said she was "a clear legal progressive." Does she agree?

Kagan tries to dodge the question–claims she "honestly" doesn’t know what that label means. Sessions says that, having looked at her record, he would classify her as a "legal progressive."

Part of the record he’s clearly seen is her classification of Aharon Barak, the retired Israeli Supreme Court Justice, as her "judicial hero." Barak has written that in order to bridge the gap between law and society, "the judge may give a statute a new meaning, a dynamic meaning, that seeks to bridge the gap between law and life’s changing reality without changing [the words of] the statute itself. The statute remains as it was, but its meaning changes, because the court has given it a new meaning that suits new social needs.”

Barak is in fact a textbook "legal progressive"–and it is becoming increasingly clear that his fan in the hot seat is too. See AUL’s Kagan File for more details on the nominee’s admiration of Barak.

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Written By

Mary Harned serves as Of Counsel at Americans United for Life (AUL).

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