Senators Talk Kagan on Sunday Shows
By Aruna Viswanatha | May 16, 2022 9:22 pm

A high ranking Senate Republican told CBS’ Face the Nation that Solicitor General Elena Kagan was unlikely to face a Republican filibuster for her nomination to the Supreme Court.

“The filibuster should be relegated to extreme circumstances, and I don’t think Elena Kagan represents that,” said Jon Kyl (R-Ariz.), the chamber’s second-highest ranking Republican who sits on the Senate Judiciary Committee.

But Kyl did criticize Kagan for calling a GOP proposal on Guantanamo Bay “fundamentally lawless” and comparing it to a dictatorship. Kagan had signed on to a 2005 letter on the matter along with other law school deans.

The chairman and ranking member of the Judiciary Committee, Patrick Leahy (D-Vt.) and Jeff Sessions (R-Ala.), also appeared on talk shows Sunday to discuss Kagan.

On ABC’s This Week, Leahy said he and Sessions will set a date for Kagan’s confirmation hearings after she returns a questionnaire to the committee.

On the same program, Sessions brought up Kagan’s restrictions on campus military recruitment when she was dean at Harvard Law School over the military’s “Don’t Ask, Don’t Tell” policy. It was no “little-bitty matter,” Sessions said, arguing that Kagan “was not in compliance with the law at various points in her tenure.”

And on NBC’s Meet the Press, Chuck Schumer (D-N.Y.) and Senate Minority Leader Mitch McConnell (R-Ky.) also touched on the Kagan nomination.

Schumer, the Senate’s third-ranking Democrat and a Judiciary Committee member, said Kagan’s hearings “should not be a farce,” while McConnell said that Republicans have treated Supreme Court nominees a lot better than Democrats have. He couldn’t think of any Democratic nominees treated like Robert Bork, Clarence Thomas or Samuel Alito, he said.

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