Jim Bender Opposes the Nomination of Elena Kagan to the Supreme Court

Jim Bender - US Senate 2010


Prior to the nomination, our campaign has made it clear that we have two objective criteria to determine if a person is worthy of a position on the Supreme Court.  1) A candidate for the Supreme Court must know the Constitution and the law, and 2) they must have a judicial track record of unbiased adherence to the Constitution and the law. 

Disappointingly, President Obama has selected a lawyer with absolutely no experience as a judge, and very little experience in the courtroom at all.  Elena Kagan has no judicial record and therefore fails an essential requirement.  Having never presided over a single case, her judicial qualifications cannot even be evaluated.  It has been common practice for nearly four decades to nominate experienced judges to the Supreme Court, and it is confusing why President Obama would depart from this tradition now.

Obama has passed over the many hundreds of men and women across America who serve as federal judges and have decades of experience and extensive records of impartiality, wisdom, and objectivity.  The highest court in our land should be reserved for only the most accomplished.  Our Supreme Court is too essential to the health of our government to make a potential mistake– especially when a mistake on the Supreme Court lasts for a lifetime. I call on all of my fellow Republicans to stand strong against this misguided nomination.