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Tuesday, June 29, 2010

Kagan Shifts on Disclosing Legal Views at Hearings - NYTimes.com

Kagan Shifts on Disclosing Legal Views at Hearings - NYTimes.com

WASHINGTON — At the opening of questioning in her Supreme Court confirmation hearing on Tuesday, Solicitor General Elena Kagan quickly backpedaled from her past call for nominees to speak more openly and in specific terms about their constitutional views.

Under questioning by the chairman of the Senate Judiciary Committee, Senator Patrick J. Leahy, Democrat of Vermont, Ms. Kagan said she thought it would be inappropriate for her to talk about how she might rule on pending cases or cases “that might come before the court in the future” — or to answer questions that were “veiled” efforts to get at such issues.

Moreover, she said, she also now believed that “it wouldn’t be appropriate for me to talk about past cases” by essentially grading Supreme Court precedents, because those issues, too, might someday come again before the court. More...

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