Hatch questions Kagan, cracks jokes at hearing

Hatch questions Kagan, cracks jokes at hearing


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WASHINGTON, D.C. -- Elena Kagan is in the hot seat once again as lawmakers decide whether to confirm her a justice of the Supreme Court.

During the Senate confirmation hearings Tuesday, Republicans asked about Kagan's political leanings and her views on important issues.

Sen. Orrin Hatch got his chance to question Kagan, spending most of his 30 minutes picking apart her view on campaign spending and how it affects free speech.

Perhaps the most memorable moment during Hatch's questions was when he disagreed with Senate Judiciary Chairman Pat Leahy over his line of questioning.

This is how he explained himself.

"We have to have a little back-and-forth every once in a while or this place would be boring as hell, I'll tell you," Hatch said.

"And it gets the spotlight off me, you know," Kagan said. "So I'm all for it. Go right ahead,"

"By the way, I've been informed that hell is not boring, so you can imagine what I mean by that," Hatch replied with a laugh.

More seriously, Hatch questioned Kagan about the High Court overturning the McCain-Feingold Bill, the controversial Citizens United case that limited corporate campaign contributions. The case has been widely criticized by President Barack Obama and other Democrats as a sign of unwarranted activism by the Roberts court.

Kagan says she doesn't believe it should be changed, even though she previously said it was wrongly decided.

Kagan says she formerly took the view that the spending ban was constitutional because, as solicitor general it was her job to defend the "statute as written." But she says she might take a different view as a judge and believes the ruling is now "settled law" and should not really be changed.

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Story compiled with contributions from Adam Thomas and the Associated Press.

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