Sessions: CBS News Report on Kagan Memos "Troubling"

Supreme Court nominee Elena Kagan walks on Capitol Hill in Washington in this photo taken May 20, 2010.

/ AP

Sen. Jeff Sessions, the top Republican on the Senate Judiciary Committee, has responded this morning to our report last night on Elena Kagan's legal memos while she was a law clerk to Justice Thurgood Marshall.

Sessions called the documents "troubling" and said they "have to be carefully examined" as part of her confirmation hearings.

The remarkably candid documents provide some insight on her approach in a number of controversial social issues, from abortion to gun rights. Kagan has previously kept her views close, so liberals are certain to be encouraged by the memos, which indicate she may not be the moderate some had characterized her to be.

But as Sessions' comments reflect, Republicans now have ammunition to use in the fight against her--and appear ready to use it.

Exclusive: Documents Show Kagan's Liberal Opinion on Social Issues
CBSNews.com Special Report: Elena Kagan
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"The newly unearthed memos reveal not only Ms. Kagan's strong liberal views, but a willingness to bring those views into the courthouse - shaping and even replacing legal judgment," Sessions said. "From issues such as guns to abortion to crime control, Kagan's memos unambiguously express a leftist philosophy and an approach to the law that seems more concerned with achieving a desired social result than fairly following the constitution."

Sessions said it is "now doubly important" that the White House produce documents from the Clinton Library from her time in that administration.

Some of those Clinton Library documents are expected to be released later today, and we'll get those up as soon as we have them.

And here are the documents we reported last night from the Marshall papers (all in PDF format):

• Kagan's abortion memo, expressing concern the conservative Court will use a prisoner's appeal to "create some very bad law on abortion."
• Memo on "amazingly sensible" school desegregation program
• Memo requiring states to recognize marriages from other states, saying the argument was at least "arguably correct."
• Gun rights: "I'm not sympathetic."
• Criminals' rights: wishes Court "would reverse" ineffective assistance of counsel ruling making it harder for criminals to challenge their convictions.

[babooph]

Afraid of liberals,Islam,agnostics,US workers ,social sec recipients,health care,Mexicans,their own deficits-republicans should be known as the chicken little party-what happened to IKE-HE WAS FEARED!

[xjymnastjme]

Regarding this issue, much bigger waves can be made if we actively contact people in more powerful positions - like those in Congress, or more specifically, on the Senate Judiciary Committee, who will be voting on Elena Kagan's nomination!

Recently, I've tried this cool service on GripeGenie's website called Contact Congress. Instead of only being able to contact my state's representatives and senator, I have instant access to all of Congress! It's super easy to select specialized leaders or committees or even just every member of Congress!

It's like compiling an email to them about all the gripes you have on this and other issues (which I'm sure politicians can't or don't read all the article and blog comments about their issues!). The difference is that a fax is sent directly to the receiver saving time from snail mail and security checks as well as money from printing, paper, envelopes, and of course increasing postage fees!

Check it out and make a difference with your comments and ideas!

[Ronibach]

The baffling part is that the CBS reporter never really read the memoes. Instead she just fabricated her report. This is just wrong reporting from a blatantly ignorant reporter.

[noloyalisti]

Of course anything that is not part of the big corporate domination of America and that is pro-freedom, pro-democracy and pro-facts would be troubling to the Republikkklan.

[euge005]

Mr Sessions views are highly troubling and they have been blocking progress in the Country for decades. Another change it is time for. What sort of people keep sending him back to Conrgess anyway? They cannot have that many voters that keep sheets in the closets.

[macadou]

There you go again as Ronald would say you have to bring in race who gives a s--t how many sheets a person has in there closets. are you implying that all the people in south carolina belong to the KKK get a grip on life numb nuts.

[usunus]

Kagan is,first and foremost,a typical human being.And like all human beings she would have her own prejudices ,whatever might be the extent and quality of her legal education and experience.She is not a divine entity sent down to join the the holiest of the holies - the U.S supreme court.

[SueZeeeQue]

Republicans were threatening a filibuster before Obama even named a nominee.

It doesn't matter what Obama does.

Republicans are only interested in being the party of NO.

[teller31]

It just so happens that in this case "NO" is the correct answer!!!

[stormerF3]

Have any of you bedwetters read the story? When a person decides to place their interputation in play in place of the law,it should set off an alarm,even in your koolaid laden brains. What is it OBama can not find a Judge that is Qualified? We have to take inexperience for a Supreme court Judge position? We have an in experienced President and see how you like that as change?

[PsiCop278]

Does anyone think that Jeff Sessions -- a Republican -- would ever have anything good to say about Elena Kagan -- a Democratic president's choice for S.C.? Really? His party has consistently opposed anything and everything that the current President has said or done. Why would any rational person put any credence into anything he has to say about Kagan?

And yes, the same would go for Democratic Senators, but for the opposite reason -- their praise of Kagan could not be accepted as objective, either.

Maybe it's time we decided that the raw claims and opinions of politicians is just not worth reporting on any more, since nothing any of them says can rationally be accepted as valuable or accurate. Maybe if the mass media stopped reporting their baseless, vapid, echo-chamber rhetoric, they would stop already.

[Vertrauen]

by ddal10 June 4, 2010 8:13 PM EDT
Right On! While they try to distract and divide us with the Age old wedge issue of God, Gays and Guns they hope we will forget the real reasons why we can't feed our kids and educate them.

The responsibility of feeding an educating your children is a job that belongs to you, not the government.

[macadou]

pray tell me why you can't feed your chillen may be you are to stupid, who put food on your plate? was it UNCLE SAM? its your duty to feed the kids get a job.