Israel Matzav

Kagan claims to admire Barak's contributions to Israel, not his judicial philosophy

US Supreme Court nominee Elena Kagan told Senators at her confirmation hearing on Tuesday that she admires former Israeli Supreme Court justice Aharon Barak for his contributions to Israeli society and not necessarily for his judicial philosophy.

"I admire Justice Barak for what he's done for the state of Israel and ensuring an independent judiciary," she said.

"He was central in creating an independent judiciary for Israel and in ensuring that Israel - a young nation, a nation threatened from its very beginning in existential ways and a nation without a written constitution - he was central in ensuring that Israel, with all those kinds of liabilities, would become a very strong rule of law nation," she continued.

But she stressed that she would not look to his judicial method as a model, saying her admiration didn't stem from his judicial philosophy or specific decisions.

Kagan called Barak "my judicial hero" and said he was the judge "in my lifetime whom I think best represents and has best advanced the values of democracy and human rights, of the rule of law and of justice" when introducing him before an awards ceremony in 2006. The comments, which she delivered while dean of Harvard Law School, have been widely cited at the hearings, which began Monday, by Republicans.

At another point, she noted, "I gave introductions to many, many people. If any of you came to Harvard Law School, I would have given you a great introduction too."

I wonder what she thinks of how Barak controlled membership on Israel's Supreme Court and about his (lack of) tolerance for dissent on the court.

Unfortunately, those things are probably irrelevant to her qualification for the court and therefore will not come up at the hearings.

posted by Carl in Jerusalem @ 7:26 PM