Senate Judiciary ranking member Jeff Sessions on Monday accused Supreme Court nominee Elena Kagan of following in the footsteps of jurists who believe the results of a case are “more important than the legal process.”
In a floor speech in which he attacked former Supreme Court Justice Thurgood Marshall and other justices whom Kagan has identified as “heroes,” the Alabama Republican argued that “this results-oriented philosophy causes us concern that Ms. Kagan may see judicial power as a way to advance her philosophy.”
“It’s a liberal, big-government agenda for America,” Sessions added.
Sessions singled out Marshall, former U.S. Court of Appeals for the D.C. Circuit Judge Abner Mikva and former Israeli Judge Aharon Barak in his remarks, arguing that “these three judges represent the vanguard of a judicial activist movement. … Each of these judges affirms the concept that a judge’s own views, their personal views, may sometimes, even should, guide their interpretation of the law.”
“In fact, this philosophy argues that the outcome of the case is more important than the legal process that guides the decisions and fidelity to the Constitution,” he added.
Session’s speech comes a week before Kagan’s committee hearings are set to begin.