The Senate Judiciary Committee has released the list of witnesses set to appear at next week's confirmation hearing for Supreme Court nominee Elena Kagan, and it includes people expected to address her handling of military recruiters at Harvard Law School.
Among those who will testify at the request of Democratic senators is Kurt White, president of the Harvard Law Armed Forces Association. White, a member of Harvard Law’s class of 2011, defended Kagan during a conference call today, saying Kagan’s support for the military while she was dean of the school was “evident and unquestionable.” Former dean Robert Clark is also on the Democrats’ list.
Republican-called witnesses will include several current or retired members of the military, such as U.S. Army retired Lt. Gen. William Boykin, a fundamentalist Christian who drew attention nationwide in 2003 for controversial religious comments, and Army National Guard Capt. Pete Hegseth, who is executive director of the conservative Vets for Freedom.
Other notable names: Latham & Watkins partner Gregory Garre, who preceded Kagan as solicitor general, and Harvard Law Professor Jack Goldsmith, whom Kagan recruited when she was dean. Both are testifying in Kagan’s favor.
The witnesses are likely to testify on Thursday or Friday, after senators have questioned Kagan for several days.
UPDATE (7:39 p.m.): Boykin will not testify after all. "Although General Boykin’s prior comments concerning the war on terror are unrelated to his scheduled testimony on Ms. Kagan’s nomination, it is clear that these comments would be used to distract from the very important issues surrounding Ms. Kagan’s actions at Harvard," reads a statement from Stephen Boyd, a spokesman for the committee's top Republican, Sen. Jeff Sessions (R-Ala.). That leaves three witnesses on the Republican side to discuss Kagan's recruiting record, Boyd added.
The full witness list is below.
American Bar Association Witnesses
Kim Askew, Chair of Standing Committee
William J. Kayatta, Jr., First Circuit Representative
Majority Witnesses
Professor Robert C. Clark, Harvard University Distinguished Service Professor, Austin Wakeman Scott Professor of Law, and former Dean, Harvard Law School
Justice Fernande “Nan” Duffly, Associate Justice, Massachusetts Court of Appeals, on behalf of the National Association of Women Judges
Greg Garre, Partner, Lathan & Watkins, former Solicitor General of the United States
Jennifer Gibbins, Executive Director, Prince William Soundkeeper
Professor Jack Goldsmith, Professor of Law, Harvard University
Marcia Greenberger, Founder and Co-President, National Women’s Law Center
Jack Gross, plaintiff, Gross v. FBL Financial Services Inc.
Lilly Ledbetter, plaintiff, Ledbetter v. Goodyear Tire
Professor Ronald Sullivan, Edward R. Johnston Lecturer on Law, Director of the Criminal Justice Institute, Harvard law School
Kurt White, President, Harvard Law Armed Forces Association
Minority Witnesses
Robert Alt, Senior Fellow and Deputy Director, Center for Legal and Judicial Studies, The Heritage Foundation
Capt. Pete Hegseth, Army National Guard
Commissioner Peter Kirsanow, Benesch Law Firm
David Kopel, Esq., Research Director, Independence Institute
Colonel Thomas N. Moe, United States Air Force (ret.)
David Norcross, Esq., Blank Rome
William J. Olson, Esq., William J. Olson, P.C.
Tony Perkins, President, Family Research Council
Stephen Presser, Raoul Berger Professor of Legal History, Northwestern University School of Law
Ronald Rotunda, The Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence, Chapman University School of Law
Ed Whelan, President, Ethics and Public Policy Center
Dr. Charmaine Yoest, President & CEO, Americans United for Life
Capt. Flagg Youngblood, United States Army
The gratuitous mention of Gen. Boykin's religion is disturbing, and is obviously meant to send a disparaging signal to readers. Imagine if, when referring to testimony unrelated to religion, the author of this post referred to a witness as "an irreligious Jew" or a "heretical Buddhist," or even referenced a witness's homosexuality. It is unimaginable.
Posted by: Ryan | June 29, 2010 at 03:24 PM
Thanks for the question. I have updated with more background, as well as with some additional news on General Boykin's testimony.
Posted by: David Ingram | June 25, 2010 at 07:40 PM
Why is General Boykin's religion relevant to the article?
Stephen Diaz Gavin
Posted by: Stephen Diaz Gavin | June 25, 2010 at 06:06 PM