Fox New "Special Report with Bret Baier" - Transcript

Interview

BAIER: White House officials say they are confident Elena Kagan will be confirmed as the next Supreme Court justice. But there are a few possible sticking points that could be coming up at her confirmation hearing starting Monday. Correspondent Shannon Bream has that story.

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SHANNON BREAM, FOX NEWS Click for Enhanced Coverage Linking SearchesCORRESPONDENT (voice-over): Before she was even announced as the next nominee to the Supreme Court, Elena Kagan has taken more heat on one issue than any other. Because of her opposition to "Don't Ask, Don't Tell" which she called a moral injustice of the first order, Kagan banned military recruiters from Harvard Law School's Office of Career Services while she was the dean.

JEFF SESSIONS (R-AL), SENATE JUDICIARY COMMITTEE: This policy was designed to obstruct recruiters and not only to hinder recruiting on campus, really but to punish and demean the military.

BREAM: But Kagan supporters say while opposing military recruiters she supported members of the military.

JACK REED (D), RHODE ISLAND SENATOR: She was someone who recognizes their service, their sacrifice, and someone who values the military.

BREAM: As the questions heat up, Kagan may not be able to, as many nominees are accused of doing, provide answers with little substance, because of something she wrote as part of a book review of the confirmation mess in 1995. Quote, "When the Senate ceases to engage nominees in meaningful discussion of legal issues, the confirmation process takes on an air of vacuity and farce."

DOUG KENDALL, CONSTITUTIONAL ACCOUNTABILITY CTR: And I'm sure she will get a lot of grilling about it. But I also hope that that will make her err on the side of being more forthcoming than less forthcoming.

BREAM: On the left, some claim that Kagan's hiring record at Harvard shows a lack of concern for diversity or equality. Nearly 75 percent of those hired during her tenure were white males. And many within the pro- choice community are withholding judgment, saying there's still too much about Kagan they don't know. Her supporters believe they'll be swayed by what they learn next week.

CHARLES SCHUMER (D-NY), SENATE JUDICIARY COMMITTEE: Elena Kagan will be a superb Supreme Court justice who exhibits legal excellence and judicial moderation.

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BREAM: Republican senators on the Judiciary Committee say Kagan should also expect tough questions about gun rights, and they also want to know about her connection to a challenge to an Arizona law that bans businesses from hiring illegal immigrants. The White House says she has been spending hours every single day getting ready for the grilling, Bret.

BAIER: The opening statements Monday, questioning Tuesday.

BREAM: Tuesday witnesses (ph). Probably Wednesday or Thursday.

BAIER: OK. Shannon, thank you.

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