Sessions laid out a simple test that judicial nominees must overcome: They must not use the courts to thwart democracy:I wonder how much government we could contract if we removed southern racists from office.SESSIONS: The question is: does the judge understand that they can’t utilize the power, the lifetime appointment, to redefine the meaning of the constitution — to have it promote an agenda in an activist way that the American people won’t vote for.Yet, just seconds earlier, Session attacked Kagan because she does not subscribe to a radical “tenther” philosophy that would eliminate elected national leaders’ power to address national challenges:SESSIONS: I think this nominee does have serious deficiencies, issues that need to be raised. The American people are concerned about their courts. They’re concerned about a growing expansive government that seems to be beyond anything they’ve ever seen before. And they’d like to know what their judges might have to do about it. So I think that’s kind of where we are.
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After slamming 'activist judges, Beauregard Sessions III doesn't think Kagan is activist enough
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