Miami, FL – U.S. Senate candidate Marco Rubio today issued the following statement regarding the confirmation of Solicitor General Elena Kagan to the U.S. Supreme Court:
“Elena Kagan is an intelligent and accomplished individual, but these are just some of the qualities that should be taken into account when considering nominees to the federal bench, especially those to the highest court in the land.
“Initially, my concerns with this nomination centered on her role in implementing the ban on military recruiters while she was dean at Harvard Law School. Also, since she has no history as a judge, I hoped the confirmation process would reveal greater insight into her views on the role of judges and the judiciary in America. After all, the proper role of a judge is not to create laws, but to interpret and apply the law within the parameters of our Constitution.
“After reviewing her confirmation hearing performance, I have concluded that I would not support Elena Kagan’s confirmation if I were in the Senate today.
“Elena Kagan’s evasiveness on matters regarding the Commerce Clause’s application to the new federal health care law, her record in diminishing 2nd Amendment rights, and her political activism in the Clinton White House convince me that a Justice Kagan would mean adding a judicial activist to the court whose own political agenda would interfere with her proper role to interpret laws.
“In the coming years, the Supreme Court will continue wrestling with some of the most significant cases in our history, many of which will stem from the expansion of government under this President and Congress. The American people deserve a judiciary whose judges will interpret laws and assess their adherence to the Constitution. In my judgment, Elena Kagan does not fit this bill, which is why I do not support her confirmation.”
