nominee. i told her that is one of the area she is going to be asked in the questioning. has been my experience that nominees to the supreme court will be less and less forthcoming. i think she will be asked a number of questions on roe vs. wade. i expect the answer will be something like well, this is settled law. as we have seen at recent hearings, i am like an umpire, i call the balls and strikes. . .

there have been times when the hearing has been decisive or even the fact of the hearing is coming up and people start asking questions. when president reagan wanted his name before the year even began, president george w. bush did also. are there dramatic changes? yes. are we going back to the old days? no. she is replacing john paul stevens. i was in the senate when john paul stevens was nominated, nominated by a conservative republican president. it was overwhelmingly democratic senate, and he was confirmed in

two and a half weeks. he made courtesy calls to a number of senators. that is not going to be the same for his successor. she has made courtesy calls. i think she has talked to practically every senator, but the questions will be significant. i am concerned with the trend becoming active in this court. we have seen a lot of long standing laws being overturned. you have basically saying men can be paid more than women. we had to rewrite the law. that was the first law president obama signed into law but we all feel women and men should get paid for the same kind of work. the turning back the award of

the exxon valdez, i wonder if the supreme court would do that today after what has happened in the gulf, and the most egregious decision, citizens united, which says corporations can be involved in political campaigns, can be involved in spending in political campaigns, something we said could not be done. british petroleum could say some of these members of congress are being too tough on us and asking questions, so we will spend millions of dollars to elect somebody who will say we are doing the right thing. i do not think that is going to happen, but that could happen. >> you seem to be critical of the court under chief justice roberts. are you trying to cap liberal activism? are you trying to paint

conservatives as liberal activists? >> i think it is hard to find. certainly liberals said men could be paid more than women for the same kind of job. whether the liberals said exxon mobil hould not have to pay the amount the jury gave the people of alaska for their oil spill commo, and it was not activist liberals who said that for the first time since the time of teddy roosevelt, you could allow corporations to get political action, and it was not a liberal activist court decided the presidential race between president bush and al gore. >> i want to ask a question that jeff sessions has been critical of elena kagan's position regarding military recruitment

relating to discrimination against gays when she was dean of harvard, and saying she was being hypocritical by criticizing that policy but not criticizing harvard from mexican money from members of the saudi royal family for a center. what do you think of that? >> if i was on the board of overseers of harvard, i am not sure i would be that eager to except saudi money, even though i think the idea of having real studies of islamic life, islamic religion, islamic society is a good one to have in this country. that was not a decision she made. i think that is a bit of stretch. are they going to ask questions about recruiting? sure, we have all talked about that, but in my mind that is a

tempest in a teapot. the military is able to recruit on the harvard campus all the time when she was the dean. it was under one condition prior to the supreme court decision, under another one afterwards, but they were always able to recruit. of what i found about her attitude was every day is giving she would have a dinner for veterans on campus -- every the thanksgiving she would have a even if they were excluded or.%- were not, if somebody wants to join in the military, they are going to be able to find a recruiter's office. my youngest son, after he got out of high school, he was able to find a recruiter for the united states marine corps and join the marine corps and

proudly served in the marine corps. he did not need to have the recruiter brought to his classroom. he found them. usually if you're motivated, you can find them. >> if we can look back to before her services as dean at harvard, she spent quite a bit of time in the clinton administration. there are quite a bit of documents detailing her service as white house counsel. what if anything have you learned about what kind of legal approach she might take? >> i think it is hard to say what kind of justice she might be from reading it. we do have far more material, and i compliment the administration, but the clinton library and archives -- we have far more material is then presented by the senate judiciary committee then we have ever had for any nominee, and i

think you look at it and say, was she acting as good counsel in the clinton administration? did she give advice, which she would be expected just as she was given advice when she served as a clerk for justice marshall. it gives you some idea of their legal ability, but it does not tell you what type of justice they are going to be. hugo black was a member of the coup coquelin. he was the united states senator. -- the kkk. he was the united states senator. he helped put together brown vs. board of education. john paul stevens today is not what i thought he might be as a justice when i voted for him 35 years ago. i am pleased with the way he has

turned out. he has a certain amount of saying that gerald ford was president and should be able to say who he nominates, and i thought john paul stevens was more conservative than someone i would have recommended for a democratic president. i think he has been a good justice. at the same time, you have a mother who i think was a superb justice. -- another who i think was a super of justice. -- superb justice. there was one picketing outside my office saying if i voted for him i would not get reelected. he served very well. people make up their mind on many things. you can probably get as good a view of them as you can, but ultimately, they are going to make up their minds.

>> you can read too much into your papers when she was a clerk to justice marshall are served in the clinton administration. on what basis do you find out if she is fit for the job or what type of justice she will be? >> about the time i came to the senate, i think about 45% had not been sitting judges. certainly hugo black, i just mention him, and he brought some real-life experience. he had been a member of the coup, -- the kkk. he realized segregation was a thing of the past. plessy versus ferguson was overruled by brown vs. board of education. that is the kind of justice i would like to see.

you try to oust enough questions and make up your mind. it comes down to this. we have almost 300 million americans. they are going to be affected by the nine members of the supreme court. one person gets to nominate supreme court justice. only 100 americans get to vote either for or against that person. it is a major responsibility, and i cannot tell another senator how they should make up their mind. i just ask them to keep an open mind and vote yes or no. most justices are going to last longer than most of the senators to vote for them. >> what if anything can you get from the memos she wrote to know you look at those as well

before her confirmation heroes as solicit -- confirmation hearings as solicitor general. is that an appropriate consideration for a justice clark to make? do you think that says anything about what she would do if she were confirmed? >> it is a good question. i thought about it, and i think after all the one writing the opinion is not a clerk. it is justice marshall, the man who had an enormous amount of experience and argued dozens of cases successfully before the u.s. supreme court, including brown vs. board of education, and i am sure he told the clerks, here is what i want you to look at. i am the one who is making up my mind on this. here is what i want you to look at. i talked to a lot of people who served as clerks with different justices, both republican or

democratic justices across the political spectrum and the clerks tell me the justices normally tell them, look out for certain things. i am particularly interested in such a thing. i am particularly interested -- get me the law that goes to that point. a clerk does what the justice tells him to, but the clerk is not the justice, and the justice in this case is a giant -- the giant of the court, thurgood marshall, he made up his mind of how he was going to vote. justice brennan was another person who spent a great deal of time trying to figure out how he was going to bring both sides of the court together. justice stevens has a reputation of being able to do that. i have no idea what justice

stevens or justice brennan told their clerks, but i am sure they said, look for points of this particular area for this particular area. let me take a look at it, and if i was a justice of the supreme court, i would ask them to bring me -- i would ask them for the law, but the other side, just in case i am wrong. >> go ahead. >> one of the selling point the obama administration has made for a late-nighttkagan is that she could be a consensus builder. -- for elena kagan is that she could be a consensus builder. do you think there is anything in her background and suggests she did do that? >> i do not know. i know all the members of the supreme court, but i do not know. just as scalia said very nice things about her the other day. he is -- justice scalia said

very nice things about her the other day. he is one of the most conservative members fearing that i did not know the answer to that. -- most conservative members. i do not know the answer to that. i would like to see a core that is less polarized. i do not think it helps dozen credibility to have all these cases was 5-4 decisions. i think that people start to sit back and say, are they credible again -- are they credible? again, talking about broad vs. board of education, the work done that for two years until they had a unanimous court, -- they worked on that for two years until they had a unanimous court. no one would respect it if it was a split court. i would like to see us go back to more consensus decisions.

>> you mentioned citizens united a number of times. i wonder if you things questions about that case are going to play a role in the -- if you think questions about that case are going to play a role in the hearing, and your questions about how it was wrongly divided with the side elena kagan took in the case, and also, if you could talk about other issues in terms of constitutional or precedential issues. >> -- presidential issues. >> i have had a number of national polls. they find the public is almost overwhelmingly against fighting corporations with a huge -- against corporations with a huge amount of money to get into political matters. bp wanted to make sure that the electrical people would not criticize that they made mistakes in the gulf. the majority of people feel that was wrong, and i think it does hurt the credibility of the

court when they come down with a decision that is so wiped out and ignored and overruled decades upon decades, so that is a major one and will be looked at. what about the appeal -- this will probablyybe a difficult one for a nominee to answer. what about the appeals coming up on the health care bill we passed? several attorneys general have held press conferences about how they are going to overturn it. i think people suddenly find they have a diabetic child they can get insurance for do not want it overturned, but if that comes to the supreme court, how are they going to rule? >> the schedule starts june 28. could you tell us any details about who they will affect?

>> there will be some outside witnesses. there always are in. you watch a lot of these. you covered a lot of these things over the years. can you name half-dozen people who showed up with witnesses? i sat through every one of them, and i was scratching my head coming over here, saying, who were some of the outside witnesses we have? i guess both sides feel they have to have taken the time to do it, but most people do not listen. if you cannot make up your mind based on what you have read, would you have heard, based on your questions and answers, you do not deserve to be on the senate judiciary committee. i have heard senators ignore either the right or the left. you're the one elective. make up your mind.

either you vote for or against it, but make up your mind, not based on a political action group. >> what have you learned about the elena kagan? she has been through a confirmation process once before, but how would you describe her? you mentioned several times that only 100 senators get to vote. >> i knew her before. i knew her when she was in the white house before, and i sat in on her confirmation hearing and confirmation vote for solicitor general. i have always been impressed with her. she is an extraordinarily good lawyer. i get the impression she is ready. she is eager. this is not a case of, this is my civic duty. i will do it. she is willing to do a great deal of work and care that goes into being a supreme court

justice. i am very impressed with her, just as i was with justice sotomayor. she has gone through an intense series of during rehearsals. i wonder if you could tell us what you will do to plan for the hearings and what you will be doing before you get started with your opening statements. >> we tried a resource, and i have been able to go to my apartment house in vermont and sit under my favorite apple tree. that sounds silly, but i am away from the phone, away from the blackberry. i could just sit there and read. i have been trying to do that evening's end weekends, getting off quietly, and doing it all at once, but i try to get away from thh computer and the

blackberry, which members of my family referred to as my crackberry. i tried to get away and see my tom -- to see how much i know of her. i think when i come in there, i will have enough of a sense of what her thoughts are and her abilities, and i will ask specific questions common and i will be one of the fused -- questions, and i will be one of the few senators who will be there for the whole hearing. it will just be a case where every question has been asked, but not everybody has asked it, so some will ask the same questions over and over again. >> we have time for a couple more questions. >> you mention not having a recess this time. i know republican senators would like to push it back to after the recess. is there any circumstance you could in fission were you would

delay the hearing? -- invasion were you would delay the hearing? >> i tried to make it so no one can be partisan. i have taken the schedule for john roberts and sotomayor, which some would say i am probably during the same schedule for elena kagan. she is going to take a day longer, only because it did not want to start the hearings on a sunday. i have to go to mass on sunday. i will start it on monday. we have a lot of stuff to do in the senate. i want to get it done before the august recess. she is -- if she is confirmed, she has to set of her chambers, do all these kinds of things that take a little time to do. >> how long you think the hearings will last? more than a week? >> if it lasts more than a week,

we are going to be the only people in town on fourth of july. then we will ask them until they finish. i hope they are not going to a second week, because my family will be in vermont, and i imagine some of these families will be in their home states. >> can you give us a sense of what the timetable is after that? how soon could you hold a senate vote? >> that is up to senator reid. i would hope that they would not put it over, but under our rules, the first time a person comes up to the committee, anybody has the right to put it over for one week, and certainly, i would protect the rights. i wish they would not, but i would protect the right.

>> what do you feel like her greatest vulnerability is going into the hearings, what the feel like the greatest question is she is going to have to answer -- going into the hearings? what do you feel like the greatest question is going into this? >> that is one i do not think you can knock right out of the ballpark. some -- certainly anybody who wanted to be recruited was recruited at that time, so she shows huge respect for veterans and those who have served, i have the firm private conversation as well as public conversations with her -- i have seen that in private conversations as well as public conversations with her. this is a woman who will be able to enter those questions. >> thank you for being here. >> we are back with our reporters. julie, let's start with you and the committee make out of the

senate judiciary panel. have you think she will do in a final vote, and will she go to the senate floor? >> we expect the democrats to back her. it is an open question whether some of the republicans who supported her when she was of for solicitor general will support her once again. some of them have already said the vote should not be taken as a signal as to what they are going to do this time, so she could get as many as three or four republicans voting for her, depending on how she does and a hearing. i can tell you they are getting a lot of pressure from outside groups, anti-abortion groups,

saying this is an extreme nominee. you should consider non voting for her. but because the committee is so skewed, there is little to do to block it. i think she has a majority. >> what is the dynamic of the judiciary committee? >> it is interesting that you have 19 people on the committee, and they were all there last year, said there is that familiarity, and last year you had the departure of some icons like joseph biden, ted kennedy, who had dominated the hearings of the past, it was that sense. senator leahy was with kagan you do have some people with real continuity. i think the most interesting person to watch or one of the most interesting people to watch could be arlen specter.

he has lost his primary. he voted against kagan for solicitor general, and it will be interesting to see if he will come off as the prosecutor. does he tell the party line? that should be interesting to watch. >> she said -- he suspects she will say it is settled law. you think that is the big issue that will be controversial in these hearings? >> i did not know if it is the big issue. it is always a big issue whenever you have a supreme court nomination, i think along with other issues that could come up that would be hot button, such as campaign finance and free speech, the place of religion and separation of church and state. i think those are all issues, but you heard him say he thought

she would say it settled law. that is close before the supreme court decided on that and i am not going to go -- that is cospeak for, "the supreme court decided on that and i am not going to answer." i do not know if she can break any new ground in these hearings. >> you are the legal affairs reporter for congressional quarterly. how have her sit down with senator she has been doing -- how have they been going? >> the sense is they are going pretty well. they are not necessarily determinative. they can cause problems for a nominee. that was the case with harriet myers. she ran into trouble with constitutional law. i do not think there is any question with elena kagan that her -- about her legal smarts, citing that is a given going into her confirmation.

>> what are you hearing about the ranking republican about his strategy? does he represent the republican voice on the committee? >> he does. i think he is clearly the point man on this common and he has been careful -- on this, and he has been careful to say publicly he is not judging anything. he wants to be fair and thorough. -- he is not prejudging anything. -phe wants to be fair and thorough. he is starting to hear about concerns about elena kagan's political views, about the role that may play in her judging, and as you heard such make reference to, this whole issue of military recruitment and what that might say about what kind of justice she will be -- i think we will hear more about that, and it may be a centerpiece of what repli