English subtitles for clip: File:President Obama Nominates Elena Kagan for Supreme Court.webm
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1 00:00:00,000 --> 00:00:03,570 (applause) 2 00:00:03,567 --> 00:00:06,797 President Obama: Thank you very much. 3 00:00:06,800 --> 00:00:13,030 Everybody, please have a seat. 4 00:00:13,033 --> 00:00:15,903 Good morning, everybody. 5 00:00:15,900 --> 00:00:20,130 Of the many responsibilities accorded to a President by our 6 00:00:20,133 --> 00:00:25,503 Constitution, few are more weighty or consequential than 7 00:00:25,500 --> 00:00:30,230 that of appointing a Supreme Court justice -- particularly 8 00:00:30,233 --> 00:00:35,603 one to succeed a giant in the law like Justice John Paul Stevens. 9 00:00:35,600 --> 00:00:40,100 For nearly 35 years, Justice Stevens has stood as an 10 00:00:40,100 --> 00:00:43,400 impartial guardian of the law, faithfully applying the core 11 00:00:43,400 --> 00:00:48,530 values of our founding to the cases and controversies of our time. 12 00:00:48,533 --> 00:00:53,233 He has done so with restraint and respect for precedent -- 13 00:00:53,233 --> 00:00:56,003 understanding that a judge's job is to interpret, 14 00:00:56,000 --> 00:00:59,770 not make law -- but also with fidelity to the constitutional 15 00:00:59,767 --> 00:01:03,437 ideal of equal justice for all. 16 00:01:03,433 --> 00:01:06,203 He's brought to each case not just mastery of the letter of 17 00:01:06,200 --> 00:01:08,170 the law, but a keen understanding of its 18 00:01:08,166 --> 00:01:10,896 impact on people's lives. 19 00:01:10,900 --> 00:01:14,130 And he has emerged as a consistent voice of reason, 20 00:01:14,133 --> 00:01:17,863 helping his colleagues find common ground on some of the 21 00:01:17,867 --> 00:01:21,067 most controversial and contentious issues the 22 00:01:21,066 --> 00:01:23,566 Court has ever faced. 23 00:01:23,567 --> 00:01:27,197 While we can't presume to replace Justice Stevens' wisdom 24 00:01:27,200 --> 00:01:31,700 or experience, I have selected a nominee who I believe embodies 25 00:01:31,700 --> 00:01:36,100 that same excellence, independence, integrity, 26 00:01:36,100 --> 00:01:40,070 and passion for the law -- and who can ultimately provide that 27 00:01:40,066 --> 00:01:45,296 same kind of leadership on the Court: our Solicitor General, 28 00:01:45,300 --> 00:01:47,300 and my friend, Elena Kagan. 29 00:01:47,300 --> 00:02:13,830 (applause) 30 00:02:13,834 --> 00:02:18,964 Elena is widely regarded as one of the nation's foremost legal minds. 31 00:02:18,967 --> 00:02:21,567 She's an acclaimed legal scholar with a rich understanding of 32 00:02:21,567 --> 00:02:23,567 constitutional law. 33 00:02:23,567 --> 00:02:26,867 She is a former White House aide with a lifelong commitment to 34 00:02:26,867 --> 00:02:31,537 public service and a firm grasp of the nexus and boundaries 35 00:02:31,533 --> 00:02:34,203 between our three branches of government. 36 00:02:34,200 --> 00:02:38,570 She is a trailblazing leader -- the first woman to serve as Dean 37 00:02:38,567 --> 00:02:41,637 of Harvard Law School -- and one of the most successful and 38 00:02:41,633 --> 00:02:44,233 beloved deans in its history. 39 00:02:44,233 --> 00:02:47,263 And she is a superb Solicitor General, 40 00:02:47,266 --> 00:02:50,366 our nation's chief lawyer representing the American 41 00:02:50,367 --> 00:02:53,667 people's interests before the Supreme Court, 42 00:02:53,667 --> 00:02:58,037 the first woman in that position as well. 43 00:02:58,033 --> 00:03:01,463 And she has won accolades from observers across the ideological 44 00:03:01,467 --> 00:03:06,397 spectrum for her well-reasoned arguments and commanding presence. 45 00:03:06,400 --> 00:03:09,100 But Elena is respected and admired not just for her 46 00:03:09,100 --> 00:03:11,300 intellect and record of achievement, 47 00:03:11,300 --> 00:03:15,230 but also for her temperament -- her openness to a broad array of 48 00:03:15,233 --> 00:03:19,663 viewpoints; her habit, to borrow a phrase from Justice Stevens, 49 00:03:19,667 --> 00:03:23,497 "of understanding before disagreeing"; 50 00:03:23,500 --> 00:03:27,770 her fair-mindedness and skill as a consensus-builder. 51 00:03:27,767 --> 00:03:32,297 These traits were particularly evident during her tenure as dean. 52 00:03:32,300 --> 00:03:34,870 At a time when many believed that the Harvard faculty had 53 00:03:34,867 --> 00:03:37,697 gotten a little one-sided in its viewpoint, 54 00:03:37,700 --> 00:03:41,470 she sought to recruit prominent conservative scholars and spur a 55 00:03:41,467 --> 00:03:43,937 healthy debate on campus. 56 00:03:43,934 --> 00:03:47,204 And she encouraged students from all backgrounds to respectfully 57 00:03:47,200 --> 00:03:51,230 exchange ideas and seek common ground -- because she believes, 58 00:03:51,233 --> 00:03:55,263 as I do, that exposure to a broad array of perspectives is 59 00:03:55,266 --> 00:03:57,866 the foundation not just for a sound legal education, 60 00:03:57,867 --> 00:04:00,997 but of a successful life in the law. 61 00:04:01,000 --> 00:04:05,530 This appreciation for diverse views may also come in handy as 62 00:04:05,533 --> 00:04:08,863 a die-hard Mets fan serving alongside her new 63 00:04:08,867 --> 00:04:13,367 colleague-to-be, Yankees fan Justice Sotomayor, 64 00:04:13,367 --> 00:04:16,937 who I believe has ordered a pinstriped robe for the occasion. 65 00:04:16,934 --> 00:04:20,964 (laughter) 66 00:04:20,967 --> 00:04:24,537 But while Elena had a brilliant career in academia, 67 00:04:24,533 --> 00:04:28,033 her passion for the law is anything but academic. 68 00:04:28,033 --> 00:04:30,463 She has often referred to Supreme Court Justice Thurgood 69 00:04:30,467 --> 00:04:33,867 Marshall, for whom she clerked, as her hero. 70 00:04:33,867 --> 00:04:37,097 I understand that he reciprocated by calling her "Shorty." 71 00:04:37,100 --> 00:04:39,970 (laughter) 72 00:04:39,967 --> 00:04:42,967 Nonetheless, she credits him with reminding her that, 73 00:04:42,967 --> 00:04:46,397 as she put it, "behind law there are stories -- stories of 74 00:04:46,400 --> 00:04:48,930 people's lives as shaped by the law, 75 00:04:48,934 --> 00:04:53,504 stories of people's lives as might be changed by the law..." 76 00:04:53,500 --> 00:04:57,400 That understanding of law, not as an intellectual exercise or 77 00:04:57,400 --> 00:05:00,370 words on a page, but as it affects the lives of ordinary 78 00:05:00,367 --> 00:05:03,937 people, has animated every step of Elena's career -- 79 00:05:03,934 --> 00:05:06,804 including her service as Solicitor General today. 80 00:05:06,800 --> 00:05:09,830 During her time in this office, she's repeatedly defended the 81 00:05:09,834 --> 00:05:12,564 rights of shareholders and ordinary citizens against 82 00:05:12,567 --> 00:05:15,237 unscrupulous corporations. 83 00:05:15,233 --> 00:05:17,233 Last year, in the Citizens United case, 84 00:05:17,233 --> 00:05:20,933 she defended bipartisan campaign finance reform against special 85 00:05:20,934 --> 00:05:23,404 interests seeking to spend unlimited money 86 00:05:23,400 --> 00:05:25,700 to influence our elections. 87 00:05:25,700 --> 00:05:28,530 Despite long odds of success, with most legal analysts 88 00:05:28,533 --> 00:05:30,933 believing the government was unlikely to prevail in this 89 00:05:30,934 --> 00:05:34,004 case, Elena still chose it as her very first case to argue 90 00:05:34,000 --> 00:05:35,600 before the Court. 91 00:05:35,600 --> 00:05:38,870 I think that says a great deal not just about Elena's tenacity, 92 00:05:38,867 --> 00:05:41,597 but about her commitment to serving the American people. 93 00:05:41,600 --> 00:05:44,470 I think it says a great deal about her commitment to protect 94 00:05:44,467 --> 00:05:47,667 our fundamental rights, because in a democracy, 95 00:05:47,667 --> 00:05:50,997 powerful interests must not be allowed to drown out the voices 96 00:05:51,000 --> 00:05:52,900 of ordinary citizens. 97 00:05:52,900 --> 00:05:58,070 And I think it says a great deal about the path that Elena has chosen. 98 00:05:58,066 --> 00:06:00,996 Someone as gifted as Elena could easily have settled into a 99 00:06:01,000 --> 00:06:04,200 comfortable life in a corporate law practice. 100 00:06:04,200 --> 00:06:07,530 Instead, she chose a life of service -- service to her 101 00:06:07,533 --> 00:06:10,003 students, service to her country, 102 00:06:10,000 --> 00:06:14,930 service to the law and to all those whose lives it shapes. 103 00:06:14,934 --> 00:06:19,164 And given Elena's upbringing, it's a choice that probably came naturally. 104 00:06:19,166 --> 00:06:22,536 Elena is the granddaughter of immigrants whose mother was, 105 00:06:22,533 --> 00:06:26,363 for 20 years, a beloved public schoolteacher -- as are her two 106 00:06:26,367 --> 00:06:28,337 brothers, who are here today. 107 00:06:28,333 --> 00:06:32,333 Her father was a housing lawyer, devoted to the rights of tenants. 108 00:06:32,333 --> 00:06:36,003 Both were the first in their families to attend college. 109 00:06:36,000 --> 00:06:38,300 And from an early age, they instilled in Elena not just the 110 00:06:38,300 --> 00:06:40,500 value of a good education, but the importance of using 111 00:06:40,500 --> 00:06:42,270 it to serve others. 112 00:06:42,266 --> 00:06:44,766 As she recalled during her Solicitor General confirmation 113 00:06:44,767 --> 00:06:47,897 hearings, "Both my parents wanted me to succeed in my 114 00:06:47,900 --> 00:06:49,570 chosen profession. 115 00:06:49,567 --> 00:06:51,867 But more than that, both drilled into me the importance of 116 00:06:51,867 --> 00:06:55,737 service, character, and integrity." 117 00:06:55,734 --> 00:06:58,434 Elena has also spoken movingly about how her mother had grown 118 00:06:58,433 --> 00:07:02,603 up at a time when women had few opportunities to pursue their 119 00:07:02,600 --> 00:07:06,900 ambitions and took great joy in watching her daughter do so. 120 00:07:06,900 --> 00:07:10,730 Neither she, nor Elena's father, lived to see this day. 121 00:07:10,734 --> 00:07:15,204 But I think her mother would relish this moment. 122 00:07:15,200 --> 00:07:17,170 I think she would relish -- as I do -- the prospect of three 123 00:07:17,166 --> 00:07:20,496 women taking their seat on the nation's highest Court for the 124 00:07:20,500 --> 00:07:21,700 first time in history. 125 00:07:21,700 --> 00:07:36,970 (applause) 126 00:07:36,967 --> 00:07:40,197 A Court that would be more inclusive, more representative, 127 00:07:40,200 --> 00:07:45,000 more reflective of us as a people than ever before. 128 00:07:45,000 --> 00:07:47,030 And I think they would both be tremendously proud of their 129 00:07:47,033 --> 00:07:50,503 daughter -- a great lawyer, a great teacher, 130 00:07:50,500 --> 00:07:53,970 and a devoted public servant who I am confident will make an 131 00:07:53,967 --> 00:07:56,537 outstanding Supreme Court justice. 132 00:07:56,533 --> 00:07:59,463 So I hope that the Senate will act in a bipartisan fashion, 133 00:07:59,467 --> 00:08:02,567 as they did in confirming Elena to be our Solicitor General last 134 00:08:02,567 --> 00:08:05,597 year, and that they will do so as swiftly as possible, 135 00:08:05,600 --> 00:08:09,370 so she can get busy and take her seat in time to fully 136 00:08:09,367 --> 00:08:13,037 participate in the work of the Court this fall. 137 00:08:13,033 --> 00:08:17,703 With that, I would like to invite the person who I believe 138 00:08:17,700 --> 00:08:21,200 will be the next Supreme Court justice of the United States, 139 00:08:21,200 --> 00:08:23,000 Elena Kagan, to say a few words. 140 00:08:23,000 --> 00:08:51,770 (applause) 141 00:08:51,767 --> 00:08:56,267 Solicitor General Kagan: Thank you. Thank you. 142 00:08:56,266 --> 00:08:59,936 (applause) 143 00:08:59,934 --> 00:09:02,334 Thank you, Mr. President. 144 00:09:02,333 --> 00:09:07,433 I am honored and I am humbled by this nomination and by the 145 00:09:07,433 --> 00:09:10,633 confidence you have shown in me. 146 00:09:10,633 --> 00:09:14,933 During the last year as I have served as Solicitor General, 147 00:09:14,934 --> 00:09:19,104 my longstanding appreciation for the Supreme Court's role in our 148 00:09:19,100 --> 00:09:25,630 constitutional democracy has become ever deeper and richer. 149 00:09:25,633 --> 00:09:30,433 The Court is an extraordinary institution in the work it does 150 00:09:30,433 --> 00:09:34,803 and in the work it can do for the American people by advancing 151 00:09:34,800 --> 00:09:39,770 the tenets of our Constitution, by upholding the rule of law, 152 00:09:39,767 --> 00:09:44,467 and by enabling all Americans, regardless of their background 153 00:09:44,467 --> 00:09:48,167 or their beliefs, to get a fair hearing and an equal 154 00:09:48,166 --> 00:09:51,066 chance at justice. 155 00:09:51,066 --> 00:09:53,966 And within that extraordinary institution, 156 00:09:53,967 --> 00:09:57,867 Justice Stevens has played a particularly distinguished 157 00:09:57,867 --> 00:10:00,437 and exemplary role. 158 00:10:00,433 --> 00:10:07,563 It is, therefore, a special honor to be nominated to fill his seat. 159 00:10:07,567 --> 00:10:11,137 I have felt blessed to represent the United States before the 160 00:10:11,133 --> 00:10:15,663 Supreme Court, to walk into the highest Court in this country 161 00:10:15,667 --> 00:10:18,697 when it is deciding its most important cases, 162 00:10:18,700 --> 00:10:22,430 cases that have an impact on so many people's lives. 163 00:10:22,433 --> 00:10:26,203 And to represent the United States there is the most 164 00:10:26,200 --> 00:10:32,570 thrilling and the most humbling task a lawyer can perform. 165 00:10:32,567 --> 00:10:36,037 I've been fortunate to have been supported in all the work I've 166 00:10:36,033 --> 00:10:40,403 done as Solicitor General by a remarkable group of lawyers and 167 00:10:40,400 --> 00:10:44,500 staff, many of whom are here today. 168 00:10:44,500 --> 00:10:49,770 They exemplify professionalism, public service and integrity. 169 00:10:49,767 --> 00:10:54,297 And I am grateful for all that they have taught me. 170 00:10:54,300 --> 00:10:58,800 My professional life has been marked by great good fortune. 171 00:10:58,800 --> 00:11:01,930 I clerked for a judge, Abner Mikva, 172 00:11:01,934 --> 00:11:05,464 who represents the best in public service, 173 00:11:05,467 --> 00:11:08,467 and for a Justice, Thurgood Marshall, 174 00:11:08,467 --> 00:11:12,467 who did more to promote justice over the course of his legal 175 00:11:12,467 --> 00:11:17,767 career than did any lawyer in his lifetime. 176 00:11:17,767 --> 00:11:21,237 I have had the opportunity to serve under two remarkable 177 00:11:21,233 --> 00:11:24,963 Presidents who have devoted themselves to lifting the lives 178 00:11:24,967 --> 00:11:31,337 of others and to have inspired a great many more to do the same. 179 00:11:31,333 --> 00:11:34,533 I had the privilege of leading one of the world's great law 180 00:11:34,533 --> 00:11:39,333 schools and of working there to bring people together and to 181 00:11:39,333 --> 00:11:43,363 help ensure that they and the school were making the largest 182 00:11:43,367 --> 00:11:46,837 possible contribution to the public good, 183 00:11:46,834 --> 00:11:50,464 both in this country and around the world. 184 00:11:50,467 --> 00:11:55,097 I am proud of what all of us accomplished there. 185 00:11:55,100 --> 00:11:58,430 And through most of my professional life, 186 00:11:58,433 --> 00:12:02,203 I've had the simple joy of teaching -- of trying to 187 00:12:02,200 --> 00:12:08,100 communicate to students why I so love the law not just because 188 00:12:08,100 --> 00:12:12,600 it's challenging and endlessly interesting -- although it 189 00:12:12,600 --> 00:12:18,000 certainly is that -- but because law matters; 190 00:12:18,000 --> 00:12:21,500 because it keeps us safe; because it protects our most 191 00:12:21,500 --> 00:12:25,900 fundamental rights and freedoms; and because it is the foundation 192 00:12:25,900 --> 00:12:29,170 of our democracy. 193 00:12:29,166 --> 00:12:33,396 I'm thankful to my brothers and other family and friends for 194 00:12:33,400 --> 00:12:38,070 coming to Washington to be with me here today. 195 00:12:38,066 --> 00:12:42,766 And much more, I am thankful for all of their support and loyalty 196 00:12:42,767 --> 00:12:49,437 and love, not just on this day but always. 197 00:12:49,433 --> 00:12:53,333 If this day has just a touch of sadness in it for me, 198 00:12:53,333 --> 00:12:57,133 it is because my parents aren't here to share it. 199 00:12:57,133 --> 00:12:59,233 They were both, as the President said, 200 00:12:59,233 --> 00:13:02,263 the children of immigrants and the first in their families to 201 00:13:02,266 --> 00:13:04,296 go to college. 202 00:13:04,300 --> 00:13:09,130 My father was the kind of lawyer who used his skills and training 203 00:13:09,133 --> 00:13:14,303 to represent everyday people and to improve a community. 204 00:13:14,300 --> 00:13:17,170 My mother was a proud public schoolteacher, 205 00:13:17,166 --> 00:13:20,896 as are my two brothers -- the kind of teachers whom 206 00:13:20,900 --> 00:13:25,300 students remember for the rest of their lives. 207 00:13:25,300 --> 00:13:30,170 My parents' lives and their memory remind me every day of 208 00:13:30,166 --> 00:13:33,436 the impact public service can have, 209 00:13:33,433 --> 00:13:39,503 and I pray every day that I live up to the example they set. 210 00:13:39,500 --> 00:13:42,930 Mr. President, I look forward to working with the Senate in 211 00:13:42,934 --> 00:13:45,604 the next stage of this process. 212 00:13:45,600 --> 00:13:48,200 And I thank you again, Mr. President, 213 00:13:48,200 --> 00:13:50,830 for this honor of a lifetime. 214 00:13:50,834 --> 00:13:51,764 Thank you so much. 215 00:13:51,767 --> 00:13:56,537 (applause)