Hatch makes his case against Kagan, confirmation expected Thursday

WASHINGTON — As Democrats continue to praise President Barack Obama's nomination of Elena Kagan to the U.S. Supreme Court, Republicans have generally assailed her lack of judicial experience and her stances on issues while she served as legal counsel to President Bill Clinton and as U.S. Solicitor General.

Among Republicans who have committed to voting against Kagan is Sen. Orrin Hatch, R-Utah, a longtime member of the Senate Judiciary Committee.

Hatch spoke on the Senate floor Tuesday and outlined his reasons for planning to vote Thursday against Kagan's confirmation.

"I cannot support her appointment, as much as I like her as a human being," Hatch said.

Hatch voted for Kagan to be confirmed as solicitor general, her current title. But he was the first senator to say he would be voting against her for a lifetime appointment to the nation's high court.

"I've examined Ms. Kagan's record, I've participated in her entire hearing," Hatch said. "I've heard from supporters and opponents, both in Utah and across the country."

Despite the partisan divide, Kagan is on track for easy confirmation Thursday with the support of nearly all Democrats and a handful of GOP senators.

Senate Democrats praised the nominee as a highly qualified legal scholar who would add a sorely needed note of fairness and common sense to a court they described as dominated by a conservative majority run amok.

"She'll base her approach to deciding cases on the law and the Constitution, not on politics, not on an ideological agenda," said Sen. Patrick Leahy, D-Vt., the chairman of the Judiciary Committee. He said today's Supreme Court is populated by "activist conservative members" who substitute their own judgment for lawmakers'.

But Hatch reiterated his main concern: "Will the Constitution control her, or does she believe that she may control the Constitution? Looking where she directed me to look, I believe the evidence shows that she embraces an essentially activist view of judicial power."

"I hope I'm wrong," Hatch said. "I hope that she will be a great justice on the bench."

Kagan will be the second Supreme Court justice Hatch has opposed. He also voted against Justice Sonia Sotomayor in 2009.

Sen. Bob Bennett, R-Utah, wasn't scheduled to make a speech about Kagan on Tuesday. He may speak Wednesday or Thursday, before the Senate vote.

In line to become the fourth woman ever to sit on the court, Kagan is not expected to alter its ideological balance in succeeding retired Justice John Paul Stevens — himself a leader of the Supreme Court's liberal wing.

Contributing: Julie Hirschfeld Davis, Associated Press

This story was reported from Salt Lake City.

e-mail: jdougherty@desnews.com