The five questions Republicans are afraid to ask Elena Kagan
When it comes to the confirmation hearings of Supreme Court nominee and Soliciter General Elena Kagan, Republicans are expected to put on the pressure on Tuesday in the hopes of winning an unforced verbal error. But some questions just won't fly, whether because they don't fit the narrative, might lead to political backlash or just come across as too personal.
Below, five questions that will most certainly not be on the agenda:
5. As dean of Harvard Law School, you denied military recruiters access to the career services office. When it comes to military service, what makes Harvard students so uniquely unqualified? (Is it that so many have spent years smoking clove cigarettes? Or the inability to follow orders that results from reading Camus?)
4. You say your hero is Thurgood Marshall, for whom you clerked. To what degree was his appointment based on affirmative action? How was he able to overcome a minority background to be an impartial justice, and how will you help keep Sotomayor in line?
3. As a Clinton administration employee, can you tell us what the meaning of "is" is?
2. In your own words, how does your work in the political arena for the Clinton and Obama administration disqualify you for a role in the impartial judiciary? Bonus points if you can figure out a way that this would not apply to senators.
1. Which of the following musical acts from the 1990s do you like best: The Indigo Girls, Ani DiFranco or Melissa Etheridge? What do you listen to while playing softball? Implying? What could I possibly be implying?