CHARLES E, SCHUMER Dnited States Senate lonesome WASHINGTON, DC 20510 auc: Statement by U.S. Senator Charles E. Schumer Markup Hearing on Supreme Court Nomination of Solicitor General Elena Kagan Senate Judiciary Committee July 20, 2010 Mr. Chairman, I am very pleased to cast my vote today for the confirmation of Solicitor General Elena Kagan to become an Associate Justice of the United States Supreme Court. Elena Kagan has every quality you'd want in a nominee, except perhaps the luck of good timing. Sadly it appears election-year politics may deprive her of the vote total that her nomination deserves on the merits. Having seen General Kagan’s true colors during the hearings, I don’t think that we can color her anything but intelligent, thoughtful, and moderate. ‘As many predicted when General Kagan’s hearings began, she did a superb job. General Kagan gave us some very meaty answers, and a lot of them. She answered some 700 questions on at least 51 different topics, She explained her views of current abortion-rights precedent, election law, the Second Amendment, the Commerce Clause, judicial modesty, and the list goes on and on. ‘Now, some of my colleagues across the table are citing General Kagan’s failure to directly answer questions as a reason to vote against her. I find that really puzzling since by almost any standard she was more direct and forthright than Justice Roberts was at his hearings, and they voted for him. So I don’t think that’s the real reason people are voting no. Time and again, her answers were clear, thoughtful, and moderate. I was repeatedly struck by how modestly and judiciously she handled herself and how moderately. General Kagan’s hearings showed us two things: First, they showed us what an extraordinary candidate she is. She showed as much, or more, facility with the law and her own judicial philosophy as any candidate whom I can remember. She was not evasive, and she wasn’t flippant, and she didn’t try to play hide-the-ball General Kagan said that she would not “grade” cases, but I am going to take the liberty to grade her. I give General Kagan an A-plus for thoroughness.BANKING NANCE United States Senate soar eohoved JUDICIARY WASHINGTON, DC 20510 RULES In addition, the value of her diverse experience shined through the four days of hearings. At Harvard, she bridged deep divides among the Law School's faculty. We need her to do the same for this sectarian Court. For the good of the country, we ought to give her the chance. Running a law school also gave her valuable practical experience. She managed 500 personnel and controlled a budget of $160 million. She knows what itis like to run a business. And, she has served in all three branches of government. Undoubtedly, this experience helped to make her answers so poised, so intelligent and frankly, so practical. On a court with eight justices who each has experience as a lower a court judge, I think that this practical experience will add perfectly to the mix. Secondly, these hearings showed us how far we have come as a country in terms of equality of justice and opportunity—and where we are going. ‘Ninety years ago, women first received the right to vote in the United States. Just 46 years ago, Congress passed the most comprehensive civil rights law in history, the Civil Rights Act. This law was passed using Congress’ broad power to regulate the flow of goods and services throughout the country under the Commerce Clause. Congress mandated that our nation’s business should be conducted without regard to race, or sex, or religion. Since then, we have improved on this Act, and have outlawed discrimination based on age and disability, We have passed the Religious Freedom Restoration Act, and have strengthened the Voting Rights Act. We have, without a doubt, come far as a country. We have come so far that we have felt little need to contemplate that we are about to confirm the fourth woman to be an Associate Justice of the Supreme Court. We have almost taken this achievement for granted. But make no mistake about it, this diversity is of crucial importance. With Elena Kagan on the Court, I am confident that our path towards equal justice and opportunity will only quicken. She is a role model who has already shattered glass ceilings —as Harvard Law School Dean, and as Solicitor General of the United States. But more broadly, she will be a much-needed addition toa Court that does not see the real world the way most of us do. A Court that doesn’t believe that Congress has an interest in regulating massive special interest spending in our elections. ACHARLES E, SCHUMER cents Wnited States Senate senrecoone WASHINGTON, DC 20510 ei Court that has not hesitated to roll back decades of gender and age discrimination law, making it harder or impossible for American workers to prove that they have been treated unfairly. believe, based on our hearings and my knowledge of General Kagan, that she will bring deep experience and an open mind to these issues. General Kagan will be a welcome addition to the highest court in the land. I am very pleased and proud to cast my vote today for General Kagan.