Jillian Bandes: Kagan's Top Ten

Here are the top ten quotes from Solicitor General Elana Kagan as she goes into her fourth day of Senate hearings.

1. "Like all Jews, I was probably at a Chinese restaurant." — Responding to Sen. Lindsey Graham, R-S.C., who asked Kagan was she was doing on Christmas Day of last year, when a an terrorist was caught trying to blow up a plane.

2. "Lets just throw that piece of work in the trash, why don't we?" she said. "That's before I went to law school, and didn't understand much about the way judges should work." — Speaking about her thesis to the Judiciary Committee, which defended both judicial activism and bemoaned the demise of the Communist Party in the United States.


3. "The 'disaster' would be if the statement did not accurately reflect all of what ACOG thought." — Trying to wiggle out of her previous reflection that the it would be a “disaster” if the American College of Obstetricians and Gynecologists could not identify any circumstances under which that partial-birth abortion “would be the only option to save the life or preserve the health of the woman.”

4. “Senator, the military at all times during my deanship had full and good access.”— Speaking on her decision to exclude military recruiters from availing themselves of Harvard’s career services office, and instead force them to work through a student group with limited access to the student body.
 
5. A "loosey-goosey style of interpretation in which anything goes." — Describing her opinion of a “living” Constitution.
 
6. “A vapid and hollow charade,” serving “little educative function, except perhaps to reinforce lessons of cynicism that citizens often glean from government.” — From 1995 Law Review article, expressing her opinions of Supreme Court hearings. Ironically, she ensured her very own hearings embodied that sentiment perfectly.


7. "Sounds like a dumb law. But I think that the question of whether it’s a dumb law is different from whether the question of whether it’s constitutional and I think that courts would be wrong to strike down laws that they think are senseless just because they’re senseless." — Responding to a question from Sen. Tom Coburn (R-Okla.), who asked Kagan if she thought a bill that required Americans to eat three vegetables and three fruits every day would violate the Commerce Clause.

8. “My political views are generally progressive.” — Responding to a question from Sen. Lindsey Graham (R-S.C.), who brought up the fact that a former chief counsel to President Obama characterized Kagan as "largely a progressive in the mold of Obama himself."

9. “I’m not quite sure how I would characterize my politics.” Responding to Sen. Jeff Sessions (R-Ala.)

10. “I wish you wouldn’t [ask].” Responding to Sen. Amy Klobuchar, (D-Minn.), who jokingly asked Kagan to give her opinion on the "the vampire versus the werewolf" in the television series Twilight. Klobuchar’s teenage daughter had seen the midnight showing on the morning before the hearings.