In Old Article, Kagan Invites Tough Questioning

Associated Press + More

Kagan elaborated further in a 2009 letter to Sen. Arlen Specter, D-Pa., who had complained that, in light of her article, it was now clear she didn't fully answer his questions at her solicitor general confirmation hearing.

"Each nominee has a responsibility to address senatorial inquiries as fully and candidly as possible," she said. "But some questions — and these questions will be different for different positions — cannot be answered consistently with the responsible performance of the job the nominee hopes to undertake."

Sen. Richard Durbin, D-Ill., the Senate's No. 2 Democrat and a member of the Judiciary Committee, said he reminded Kagan on her recent visit to his office, "You know, you're going to have to live by the Kagan standard, which you established."

He said the Supreme Court nominee replied, "Well, the world looks a little different from this vantage point."

That doesn't matter to some senators.

Sen. James Inhofe, R-Okla., announced his opposition to Kagan on the same day she was nominated, saying he was "concerned about the seeming contempt she has demonstrated in her comments about the Senate confirmation process."

  • Check out our editorial cartoon gallery on Elena Kagan.
  • Follow the money in Congress.