http://thinkprogress.org/2010/06/28/sessions-tentherism/After Slamming ‘Activist’ Judges, Sessions Criticizes Kagan As Insufficiently Activist
Confirmation hearings are set to begin today on the nomination of Solicitor General Elena Kagan to the United States Supreme Court. Yesterday, appearing on CBS’ Face the Nation, Senate Judiciary Committee ranking member Jeff Sessions (R-AL) explained how he intends to attack Kagan. During the interview, Sessions repeated a tired concern about liberal “activist” judges, only to slam Supreme Court nominee Elena Kagan because she is not an activist.
Sessions laid out a simple test that judicial nominees must overcome: They must not use the courts to thwart democracy:
SESSIONS: The question is: does the judge understand that they can’t utilize the power, the lifetime appointment, to redefine the meaning of the constitution — to have it promote an agenda in an activist way that the American people won’t vote for.
Yet, just seconds earlier, Session attacked Kagan because she does not subscribe to a radical “tenther” philosophy that would eliminate elected national leaders’ power to address national challenges:
SESSIONS: I think this nominee does have serious deficiencies, issues that need to be raised. The American people are concerned about their courts. They’re concerned about a growing expansive government that seems to be beyond anything they’ve ever seen before. And they’d like to know what their judges might have to do about it. So I think that’s kind of where we are.
Sessions can’t have it both ways. America can either have judges who honor the will of an electorate that overwhelmingly supported President Obama and which gave Obama’s party enormous majorities in both houses, or it can have judges who will second-guess laws that Sessions doesn’t like.more...
http://thinkprogress.org/2010/06/28/sessions-tentherism/