Kagan: Court must be ‘properly deferential’ to Congress, voters

Solicitor General Elena Kagan will tell senators the Supreme Court is a “modest”
institution that should be “properly deferential” to Congress.

Excerpts of Kagan’s opening remarks to the Senate Judiciary Committee show
Kagan will make a point of defining the court’s role in government as limited.

{mosads}“[T]he Supreme Court is a wondrous institution,” Kagan will
say. “But the time I spent in the other branches of government remind me that
it must also be a modest one — properly deferential to the decisions of the
American people and their elected representatives.”

Kagan says that her experiences in other governmental bodies has left her with “simple
admiration for the democratic process.”

“That process is often messy and frustrating, but the people of this country
have great wisdom, and their representatives work hard to protect their
interests,” Kagan will say. “The Supreme Court, of course, has the
responsibility of ensuring that our government never oversteps its proper
bounds or violates the rights of individuals. But the Court must also
recognize the limits on itself and respect the choices made by the American
people.”



The comments suggest Kagan and the White House are looking
to head off charges that President Barack Obama’s nominee to replace Justice
John Paul Stevens would be a liberal activist on the Court. Excerpts of Kagan’s
opening statement were released Monday morning by the White House.

Kagan will appear before the Senate Judiciary Committee.

Republicans have tried, with little success, to portray Kagan as a political
pick with no judicial experience. The White House said that Kagan is thoroughly
prepared, and Obama said Sunday that efforts to build a line of opposition to his
nominee have produced “pretty thin gruel.”

Kagan will also use her opening remarks to let senators know that she will not
make any promises during the hearings as to how she might rule, promising only
that she will work hard and apply equal justice to all who come before the
court.

“I will make no pledges this week other than this one — that if confirmed, I
will remember and abide by all these lessons,” Kagan said. “I will listen hard,
to every party before the Court and to each of my colleagues. I will work
hard. And I will do my best to consider every case impartially, modestly,
with commitment to principle, and in accordance with law.”

Obama invited Kagan to the Oval Office Monday morning, so that he
“could offer his encouragement and wish her good luck as the Senate
Judiciary Committee begins considering her nomination to the Supreme
Court this week,” a White House official said.

— This article was updated at 1:13 p.m.