Kennedy: Senators shouldn’t ask Kagan about specific rulings

Supreme Court Justice Anthony Kennedy said Friday the Court’s newest nominee does not have to answer questions about how she would rule in specific cases. 

Kennedy delivered a speech in Florida in which he questioned the way Supreme Court nominees are grilled by senators during confirmation hearings.

The Associated Press reported: 

In a speech in West Palm Beach on Friday, Justice Anthony Kennedy said lawmakers should not try to figure out how high court nominee Elena Kagan would rule on specific questions.

He said they should instead look at whether her temperament, commitment and character make her suitable for the job.

Kennedy declined to offer Kagan any advice. He joked that if you ask him what makes a good judge, “you’re going to get an autobiography.”

Some senators and activists outside Congress have said Kagan’s legal views might be difficult to parse during hearings because she has a short paper trail.

Kagan has never been a judge. Before serving the Obama administration as solicitor general, Kagan was dean of Harvard Law School and served as an aide in the Clinton administration and the Senate Judiciary Committee.

Kennedy is seen as a swing vote on the Court who leans to the right. 

Kagan was officially tapped Monday to replace Justice John Paul Stevens, a staunch liberal.