Research Briefing

With Kagan Hearings Scheduled, Watch Obama’s Past Judicial Nominees Perform Verbal Contortions To Distance Themselves From Their Previous Statements

“Sen. Patrick Leahy (D-Vt.) announced a June 28th kickoff for hearings on Solicitor General Elena Kagan's nomination to the Supreme Court.” (Michael O'Brien, “Kagan Hearings Set For June 28th As Dems Mobilize Support,” The Hill, 6/28/10) 

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OBAMA’S PREVIOUS NOMINEES RAN FAST AND HARD FROM THEIR PAST STATEMENTS…

Goodwin Liu: “I think that the passage you read is perhaps unnecessarily colorful language that I used …” (Goodwin Liu, Testimony, Judiciary Committee, U.S. Senate, 4/16/10, 51:09)

Judge Sonia Sotomayor: “The context of the words that I spoke have created a misunderstanding …” (Judge Sonia Sotomayor, Testimony, Judiciary Committee, U.S. Senate, 7/14/09, 24:16)

Judge Robert Chatigny: “I believed then and I believe now that I did the right thing, but I went about it in the wrong way.” (Judge Robert Chatigny, Testimony, Judiciary Committee, U.S. Senate, 4/28/10, 63:05)

Goodwin Liu: “I think that whatever I may have written in the books and in the articles would have no bearing on my role as a judge.” (Goodwin Liu, Testimony, Judiciary Committee, U.S. Senate, 4/16/10, 1:04:39)

Judge Louis Butler: “And many people have differing views and differing descriptions of what judicial activism might be and how it might be applied, who it might apply to.” (Judge Louis Butler, Testimony, Judiciary Committee, U.S. Senate, 11/14/09, 1:13:55)

Judge Robert Chatigny: “I can well understand why you would have that perception …”(Judge Robert Chatigny, Testimony, Judiciary Committee, U.S. Senate, 4/28/10, 84:30)

Judge Sonia Sotomayor: “I also, as I explained, was using a rhetorical flourish that fell flat.” (Judge Sonia Sotomayor, Testimony, Judiciary Committee, U.S. Senate, 7/14/09, 16:28)

Goodwin Liu: “I think that there's a clear difference between what things people write as scholars and how one would approach the role of a judge. And those two are very different things.” (Goodwin Liu, Testimony, Judiciary Committee, U.S. Senate, 4/16/10, 57:38)

Judge Robert Chatigny: “I can well understand why you would have that perception …”(Judge Robert Chatigny, Testimony, Judiciary Committee, U.S. Senate, 4/28/10, 84:50)

Goodwin Liu: “As in all things, Senator, I think I stand by my writings. Whatever views I've expressed about those matters, however, I would set aside absolutely in my role as a judge …” (Goodwin Liu, Testimony, Judiciary Committee, U.S. Senate, 4/16/10, 2:04:42)

Judge Sonia Sotomayor: “Thank you for giving me an opportunity to explain my remarks.” (Judge Sonia Sotomayor, Testimony, Judiciary Committee, U.S. Senate, 7/14/09, 57:38)

WILL KAGAN BE DIFFERENT?

Elena Kagan: “I -- I -- I first looked at that memo, thought about memo for the first time in 20 years I suppose just a couple of days ago when it was quoted on a blog post.  And I looked at it and I -- I thought, ‘That is the dumbest thing I've ever heard.’” Sen. Arlen Specter: “You don't have to go any further.” (Elena Kagan, Testimony, Judiciary Committee, U.S. Senate, 2/10/09, 47:29)