Kagan Declines to Comment on State Marriage Laws

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Wednesday, June 30, 2010 at 1:16 pm

Supreme Court nominee Elena Kagan declined today to comment on whether states had the right to determine their own marriage laws, citing the likelihood a case related to that issue would go before the Court in the near future. Her excuse was a veiled reference to the challenge to California’s gay marriage ban currently under adjudication in a federal court.

“I want to be extremely careful about this question,” she said. “I think I’ll leave it there.”

The California case revolves around a challenge to Proposition 8, a law passed by voters in 2008 that banned same-sex marriage.

Sen. Chuck Grassley (R-Iowa) had asked about Kagan’s opinion on the issue during senators’ second round of questions in today’s session of her confirmation hearings. He followed the question up by asked her about Baker v. Nelson, a 1972 case in which the Court ruled that a Minnesota law that limited marriage rights to opposite-sex couples was constitutional.

Kagan said she believed the case deserved some precedential weight, but not the same weight as a normal case. In Baker v. Nelson, the Court dismissed the case without hearing arguments because the justices believed the case did not revolve around a substantial federal issue. Kagan has generally gone further in her endorsement of existing Court opinions, usually referring to them as “settled law.”

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Comment posted June 30, 2010 @ 5:47 pm

It sounds like she did comment on the Minnesota marriage law. “Kagan said she believed the case deserved some precedential weight, but not the same weight as a normal case.” According to her, it's worth reviewing. That says a lot!


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MD_LA
Comment posted July 1, 2010 @ 6:08 pm

What’s the big deal? She is doing a “Song and Dance”… just like ALL Supreme Court Nominees before her.

During his confirmation hearing, Alito absolutely refused to answer questions about Abortion and (most importantly) “Campaign Finance Reform” with extended powers of the Executive branch.

During these hearings, it was Senator Grassely (R-IA) – and other Republicans – who argued that, “the nominee cannot be forced to answer questions on issues that may come before him on the court.”

Now, all of the sudden, it’s not acceptable? Sorry, Republicans… what goes around, comes around.


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