Kitty Felde

Kagan day two

Chairman Leahy started the days' questioning with a softball lob ... tell us about your parents. Which Elena Kagan did, describing her lawyer father and schoolteacher mother with great affection. She said at her mom's funeral, the service was filled with former students who told her Mrs. Kagan told them they could be anything they wanted to be.

Then it was off to legal questions. Leahy asked how people like Thurgood Marshall amended the Constitution. Kagan said the framers knew there would be changes throughout the ages. Some things stay the same - like you have to be 30 to be a US Senator. But others changed with new factual contexts. Like discussions of what "unreasonable search and seizures" actually means. The founding fathers didn't outline what a police officer could do. She said they didn't know about bomb sniffing dogs (and computers! Senator Leahy added).

Next up: Jeff Sessions of Alabama. He promises to have a number of pointed questions.

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