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SALT LAKE CITY -- Two high-profile Utahns agree Elena Kagan has a brilliant legal mind, but disagree on a swift confirmation.
Utah Sen. Orrin Hatch and Chief Justice of the Utah Supreme Court Christine Durham say Elena Kagan's credentials are impressive and she has served as an excellent solicitor general. But each sees the process to get to the Supreme Court differently.
If confirmed, Kagan would be the court's youngest justice and give it three female members for the first time.
Durham says, "She has a stellar record of achievement. Her academic credentials are superb, and the kinds of things she has excelled at, I think, will suit her very well for service on the court."
"I voted for her for solicitor general, and I think it was the appropriate vote at the time," says Hatch. "This is different. This is for the highest court in the land." Click here to read the statement.
Related:
Elena Kagan chosen by Obama for Supreme Court
President Barack Obama on Monday nominated Solicitor General Elena Kagan to the Supreme Court, declaring she would demonstrate the same independence, integrity and passion for the law exhibited by retiring Justice John Paul Stevens.Many Americans heard Elena Kagan speak for the first time Monday morning. The U.S. Supreme Court nominee said, "The court is an extraordinary institution, in the work it does and the work it can do for the American people, by advancing the tenets of our Constitution, by upholding the rule of law."
Kagan is currently the nation's top attorney, representing the American people to the Supreme Court. Justice Durham heard Kagan speak last fall about the role of the solicitor general -- which she believes Kagan would echo as a justice.
The solicitor general did not simply represent the current administration or the government, but was the people's solicitor and had an obligation to help educate the court of what the Constitution requires in terms of the defense of the people," explains Durham.
Female members of the U.S. Supreme Court
| Name | Term of service | Appointed by |
|---|---|---|
| Sandra Day O'Connor | 1981-2006 | Reagan |
| Ruth Bader Ginsburg | 1993-present | Clinton |
| Sonia Sotomayor | 2009-present | Obama |
Kagan's confirmation looks good, they agree, but the senator believes she must satisfy the Senate. Hatch says, "To interpret the laws that are made by the Congress of the United States pursuant to the Constitution and interpret them to make sure that they fall within the constitution...(edit here) we'll have to see just exactly where's she's coming from."
Durham says, "I would be delighted to see a third woman on the United States Supreme Court."
Elena Kagan's confirmation hearings should take place toward the end of June or July.
E-mail: cmikita@ksl.com
