Jul 22 2010


WASHINGTON, DC, Thursday, July 22, 2010 – U.S. Senator Richard Shelby (R-Ala.) today issued the following statement announcing his opposition to the nomination of U.S. Solicitor General Elena Kagan to serve on the U.S. Supreme Court:

“Upon President Obama’s nomination of Ms. Kagan, I stated that I would base my decision on what I could ascertain about her judicial philosophy from other components of her record, in light of her lack of judicial experience,” said Shelby.  “What little information she offered during her confirmation hearings did not accrue to her credit, in my judgment. 

“Ms. Kagan did not provide a satisfactory explanation of her decision as Dean of Harvard Law School to bar military recruiters from the property.  Her political opposition to ‘Don’t Ask, Don’t Tell’ is not sufficient justification for her attempts to circumvent a law passed by Congress.  I am also unconvinced that the hostility she demonstrated as an operative in the Clinton White House toward the Second Amendment has changed or would not drive her legal opinions on the matter.  The right to bear arms is a fundamental right, and I do not believe Ms. Kagan’s political record shows that she is prepared to uphold this core Constitutional guarantee. 

“Ms. Kagan has a well-defined political record.  She failed to explain whether or where her political philosophy ends and her judicial philosophy begins.  There is no empirical evidence to suggest that objective adherence to the U.S. Constitution will supplant her political beliefs in rendering judicial rulings on the nation’s highest court.  I firmly oppose her nomination.”