You Asked, We Sent
Yesterday, the RAC sent a letter to the Senate Judiciary Committee and, based on YOUR submissions at AskElenaKagan.com, suggested questions that Committee members should ask during the hearings on Elena Kagan's nomination to the Supreme Court. At the hearings, each Senator will have the opportunity to question the nominee for at least 30 minutes. The questions that the Senators ask reveal a lot about their policy priorities and their perspective on the role of the federal courts.
While the URJ has not taken a position on the nomination of Elena Kagan to the Supreme Court, we know that the appointment of any new Supreme Court Justice can have an impact on federal jurisprudence for decades. As such, we believe that all nominees must undergo a thorough and comprehensive hearings process. These hearings are an invaluable opportunity for the Senators and the American public to learn about a nominee's judicial philosophy, temperament, and approach to complex legal issues.
Our contribution to this process is the list of questions that we submit to the Committee, which reflect the priorities and interests of our community. The list of proposed questions can be found below.
POTENTIAL QUESTIONS FOR SOLICITOR GENERAL ELENA KAGAN
FROM THE RELIGIOUS ACTION CENTER OF REFORM JUDAISM
Will your lack of judicial experience help or hinder you on the Bench? Why?
Please discuss your consensus-building abilities. How, as a Supreme Court justice, would you go about working with your colleagues to gain support for your views?
How are religious organizations different from secular organizations for First Amendment purposes? In what ways does the special nature of religious institutions call for different treatment under the Constitution?
What limits does the Establishment Clause place on government funding that flows to faith-based organizations?
Some people believe that governmental "acknowledgments" of "God" -- such as "under God" in the Pledge and "so help me God" in oaths -- are permissible under the Establishment Clause. Others see such so-called acknowledgments as advancement of monotheism and hostility toward non-belief. Do you believe that acknowledgments of God raise serious concerns under either the First Amendment's Establishment Clause or the Fourteenth Amendment's Equal Protection Clause?
What is your position on corporate "personhood"? How would you apply your legal philosophy in this area to a situation that is beyond the facts in Citizens United v. Federal Elections Commission?
Do states have a right to define marriage as solely between a man and a woman? What should be the Federal role concerning marriage?
Under what circumstances do you affirm the right of a woman to choose to terminate a pregnancy? Why did you urge President Clinton to ban so-called "partial birth" abortions?
Which government agencies have the power to enforce the Clean Water Act and other environmental legislation?
Do you agree with the Roper v. Simmons decision that the death penalty for individuals who have committed crimes before the age of 18 is cruel and unusual punishment? In what other circumstances could the death penalty be considered cruel and unusual punishment?
How will you uphold the civil liberties of American citizens in the face of growing claims that the Executive (President) has the constitutional right to undermine due process under the rationale this is necessary to fight terrorism?